Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2434 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2		-	1.2 relating to human services; modifying provisions relating to aging services,
3		-	1.3 disability services, health care services, behavioral health services, background
4		-	1.4 studies, Department of Human Services program integrity, direct care and treatment
5		-	1.5 services, and housing supports; establishing a patient driven payment model
6		-	1.6 phase-in, the Minnesota Caregiver Defined Contribution Retirement Fund Trust,
7		-	1.7 early intensive developmental and behavioral intervention provisional licensure,
8		-	1.8 and recovery residence certification; adjusting rates for nursing home wage
9		-	1.9 standards; establishing an advisory task force and workgroups; creating a civil
10		-	1.10 cause of action; creating grants; requiring reports; making forecast adjustments;
11		-	1.11 appropriating money; amending Minnesota Statutes 2024, sections 13.46,
12		-	1.12 subdivisions 2, 3; 142A.02, subdivision 1; 142A.09, subdivision 1; 144.0724,
13		-	1.13 subdivisions 2, 11, by adding a subdivision; 179A.54, by adding a subdivision;
14		-	1.14 245.095, subdivision 5, by adding a subdivision; 245.4661, subdivisions 2, 6, 7;
15		-	1.15 245.4871, subdivision 5; 245.91, subdivision 4; 245A.03, by adding a subdivision;
16		-	1.16 245A.04, subdivisions 1, 7; 245A.043, by adding a subdivision; 245A.05; 245A.07,
17		-	1.17 subdivision 2; 245A.10, subdivisions 2, 3, 4, 8; 245C.02, subdivision 7; 245C.03,
18		-	1.18 subdivisions 6, 13, 15; 245C.04, subdivision 6, by adding a subdivision; 245C.08,
19		-	1.19 subdivision 5; 245C.10, by adding a subdivision; 245C.13, subdivision 2; 245C.14,
20		-	1.20 by adding subdivisions; 245C.15, subdivisions 1, 4a; 245C.16, subdivision 1;
21		-	1.21 245C.22, subdivisions 3, 8; 245D.091, subdivisions 2, 3; 245G.01, subdivision
22		-	1.22 13b, by adding subdivisions; 245G.02, subdivision 2; 245G.07, subdivisions 1, 3,
23		-	1.23 4, by adding subdivisions; 245G.11, subdivisions 6, 7, by adding a subdivision;
24		-	1.24 245G.22, subdivisions 11, 15; 246.54, subdivisions 1a, 1b; 246B.10; 246C.091,
25		-	1.25 subdivision 3; 252.27, by adding subdivisions; 254A.19, subdivision 4; 254B.01,
26		-	1.26 subdivisions 10, 11; 254B.02, subdivision 5; 254B.03, subdivisions 1, 3, 4;
27		-	1.27 254B.04, subdivisions 1a, 5, 6, 6a; 254B.05, subdivisions 1, 1a, 5, by adding a
28		-	1.28 subdivision; 254B.052, by adding a subdivision; 254B.06, subdivision 2, by adding
29		-	1.29 a subdivision; 254B.09, subdivision 2; 254B.19, subdivision 1; 256.01, subdivisions
30		-	1.30 29, 34; 256.043, subdivision 3; 256.9657, subdivision 1; 256.983, subdivision 4;
31		-	1.31 256B.051, subdivision 6, by adding a subdivision; 256B.0625, subdivision 5m;
32		-	1.32 256B.0659, subdivisions 17a, 21; 256B.0757, subdivision 4c; 256B.0761,
33		-	1.33 subdivision 4; 256B.0911, subdivisions 24, 26, by adding subdivisions; 256B.0922,
34		-	1.34 subdivision 1, by adding a subdivision; 256B.0924, subdivision 6; 256B.0949,
35		-	1.35 subdivisions 15, 16, 16a, by adding a subdivision; 256B.14, subdivision 2; 256B.19,
36		-	1.36 subdivision 1; 256B.434, subdivision 4k; 256B.4912, subdivision 1; 256B.4914,
37		-	1.37 subdivisions 3, 5, 5a, 5b, 6a, 6b, 6c, 8, 9, by adding subdivisions; 256B.766;
38		-	1.38 256B.85, subdivisions 7a, 8, 12, 16; 256B.851, subdivisions 5, 6; 256G.08,
	2	+	1.2 relating to human services; modifying provisions relating to aging and older adult
	3	+	1.3 services, disability services, early intensive developmental and behavioral
	4	+	1.4 intervention, direct care and treatment, and health care; establishing a patient driven
	5	+	1.5 payment model phase-in, the Minnesota Caregiver Defined Contribution Retirement
	6	+	1.6 Fund Trust, recovery residence certification, and a working group; requiring stipend
	7	+	1.7 payments to certain collective bargaining unit members; requiring reports;
	8	+	1.8 appropriating money; amending Minnesota Statutes 2024, sections 13.46,
	9	+	1.9 subdivision 1; 144.0724, subdivision 11; 144A.071, subdivisions 4a, 4c, 4d;
	10	+	1.10 144A.161, subdivision 10; 179A.54, by adding a subdivision; 245.4661,
	11	+	1.11 subdivisions 2, 6, 7; 245.91, subdivision 4; 245C.16, subdivision 1; 245G.01,
	12	+	1.12 subdivision 13b, by adding subdivisions; 245G.02, subdivision 2; 245G.07,
	13	+	1.13 subdivisions 1, 3, 4, by adding subdivisions; 245G.11, subdivisions 6, 7, by adding
	14	+	1.14 a subdivision; 245G.22, subdivisions 11, 15; 246B.10; 254A.19, subdivision 4;
	15	+	1.15 254B.01, subdivisions 10, 11; 254B.02, subdivision 5; 254B.03, subdivisions 1,
	16	+	1.16 3, 4; 254B.04, subdivisions 1a, 5, 6, 6a; 254B.05, subdivisions 1, 1a; 254B.06,
	17	+	1.17 subdivision 2; 254B.09, subdivision 2; 254B.181, subdivisions 1, 2, 3, by adding
	18	+	1.18 subdivisions; 254B.19, subdivision 1; 256.01, subdivisions 29, 34; 256.043,
	19	+	1.19 subdivision 3; 256.9657, subdivision 1; 256B.04, subdivisions 12, 14; 256B.0625,
	20	+	1.20 subdivisions 5m, 17, by adding a subdivision; 256B.0659, subdivision 17a;
	21	+	1.21 256B.0757, subdivision 4c; 256B.0924, subdivision 6; 256B.0949, subdivisions
	22	+	1.22 15, 16, by adding a subdivision; 256B.19, subdivision 1; 256B.431, subdivision
	23	+	1.23 30; 256B.49, by adding a subdivision; 256B.4914, subdivisions 3, 5, 5a, 5b, 6a,
	24	+	1.24 7a, 7b, 7c, 8, 9, by adding subdivisions; 256B.85, subdivisions 7a, 8, 16; 256B.851,
	25	+	1.25 subdivisions 5, 6; 256G.01, subdivision 3; 256G.08, subdivisions 1, 2; 256G.09,
	26	+	1.26 subdivisions 1, 2; 256I.04, subdivision 2a; 256R.02, subdivisions 18, 19, 22, by
	27	+	1.27 adding subdivisions; 256R.10, subdivision 8; 256R.23, subdivisions 7, 8; 256R.24,
	28	+	1.28 subdivision 3; 256R.25; 256R.26, subdivision 9; 256R.43; 260E.14, subdivision
	29	+	1.29 1; 325F.725; 611.43, by adding a subdivision; 611.46, subdivision 1; 611.55, by
	30	+	1.30 adding a subdivision; 626.5572, subdivision 13; proposing coding for new law in
	31	+	1.31 Minnesota Statutes, chapters 245A; 254B; 256R; repealing Minnesota Statutes
	32	+	1.32 2024, sections 144A.1888; 245G.01, subdivision 20d; 245G.07, subdivision 2;
	33	+	1.33 254B.01, subdivision 5; 254B.04, subdivision 2a; 256B.0625, subdivisions 18b,
	34	+	1.34 18e, 18h; 256B.434, subdivision 4; 256R.02, subdivision 38; 256R.12, subdivision
	35	+	1.35 10; 256R.23, subdivision 6; 256R.36; 256R.40; 256R.41; 256R.481; 256R.53,
	36	+	1.36 subdivision 1.
39	37		1
40		-	REVISOR AGW ~~H2434-1~~~~HF2434 FIRST ENGROSSMENT~~
	38	+	REVISOR AGW/AC 25-0033903/03/25
41	39		State of Minnesota
42	40		This Document can be made available
43	41		in alternative formats upon request
44	42		HOUSE OF REPRESENTATIVES
45	43		H. F. No. 2434
46	44		NINETY-FOURTH SESSION
47	45		Authored by Schomacker and Noor03/17/2025
48		-	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy
49		-	Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/21/2025 2.1 subdivisions 1, 2; 256G.09, subdivisions 1, 2; 256I.03, subdivision 11a; 256I.04,
50		-	2.2 subdivision 2a; 256I.05, subdivisions 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, 1l, 1m, 1n, 1p,
51		-	2.3 1q, 1r, 1s, 1t, 1u, 2; 256R.02, subdivision 19, by adding subdivisions; 256R.23,
52		-	2.4 subdivisions 2, 3; 256R.24, subdivision 1; 256R.25; 260E.14, subdivision 1;
53		-	2.5 325F.725; 609A.015, subdivision 4; 609A.055, subdivision 3; 611.43, by adding
54		-	2.6 a subdivision; 611.46, subdivision 1; 611.55, by adding a subdivision; 626.5572,
55		-	2.7 subdivision 13; Laws 2021, First Special Session chapter 7, article 13, sections
56		-	2.8 73; 75, subdivision 4, as amended; Laws 2023, chapter 61, article 1, sections 5;
57		-	2.9 27; 30; 32; 47; 61, subdivision 4; 85; article 9, section 2, subdivision 14, as
58		-	2.10 amended; Laws 2024, chapter 127, article 53, section 2, subdivision 19; proposing
59		-	2.11 coding for new law in Minnesota Statutes, chapters 245A; 245D; 254B; 256; 256K;
60		-	2.12 256R; repealing Minnesota Statutes 2024, sections 245G.01, subdivision 20d;
61		-	2.13 245G.07, subdivision 2; 254B.01, subdivision 5; 254B.04, subdivision 2a;
62		-	2.14 254B.181; Laws 2021, First Special Session chapter 7, article 13, section 75,
63		-	2.15 subdivisions 3, as amended, 6, as amended.
64		-	2.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
65		-	2.17 ARTICLE 1
66		-	2.18 AGING SERVICES
67		-	2.19 Section 1. Minnesota Statutes 2024, section 256.9657, subdivision 1, is amended to read:
68		-	2.20 Subdivision 1.Nursing home license surcharge.(a) Effective July 1, 1993, each
69		-	2.21non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner
70		-	2.22an annual surcharge according to the schedule in subdivision 4. The surcharge shall be
71		-	2.23calculated as $620 per licensed bed. If the number of licensed beds is reduced, the surcharge
72		-	2.24shall be based on the number of remaining licensed beds the second month following the
73		-	2.25receipt of timely notice by the commissioner of human services that beds have been
74		-	2.26delicensed. The nursing home must notify the commissioner of health in writing when beds
75		-	2.27are delicensed. The commissioner of health must notify the commissioner of human services
76		-	2.28within ten working days after receiving written notification. If the notification is received
77		-	2.29by the commissioner of human services by the 15th of the month, the invoice for the second
78		-	2.30following month must be reduced to recognize the delicensing of beds. Beds on layaway
79		-	2.31status continue to be subject to the surcharge. The commissioner of human services must
80		-	2.32acknowledge a medical care surcharge appeal within 30 days of receipt of the written appeal
81		-	2.33from the provider.
82		-	2.34 (b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.
83		-	2.35 (c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased to
84		-	2.36$990.
85		-	2.37 (d) (b) Effective July 15, 2003, the surcharge under paragraph (c) this subdivision shall
86		-	2.38be increased to $2,815.
	46	+	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	47	+	2.2 ARTICLE 1
	48	+	2.3 AGING AND OLDER ADULT SERVICES
	49	+	2.4 Section 1. Minnesota Statutes 2024, section 144A.071, subdivision 4a, is amended to read:
	50	+	2.5 Subd. 4a.Exceptions for replacement beds.It is in the best interest of the state to
	51	+	2.6ensure that nursing homes and boarding care homes continue to meet the physical plant
	52	+	2.7licensing and certification requirements by permitting certain construction projects. Facilities
	53	+	2.8should be maintained in condition to satisfy the physical and emotional needs of residents
	54	+	2.9while allowing the state to maintain control over nursing home expenditure growth.
	55	+	2.10 The commissioner of health in coordination with the commissioner of human services,
	56	+	2.11may approve the renovation, replacement, upgrading, or relocation of a nursing home or
	57	+	2.12boarding care home, under the following conditions:
	58	+	2.13 (a) to license or certify beds in a new facility constructed to replace a facility or to make
	59	+	2.14repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire,
	60	+	2.15lightning, or other hazard provided:
	61	+	2.16 (i) destruction was not caused by the intentional act of or at the direction of a controlling
	62	+	2.17person of the facility;
	63	+	2.18 (ii) at the time the facility was destroyed or damaged the controlling persons of the
	64	+	2.19facility maintained insurance coverage for the type of hazard that occurred in an amount
	65	+	2.20that a reasonable person would conclude was adequate;
	66	+	2.21 (iii) the net proceeds from an insurance settlement for the damages caused by the hazard
	67	+	2.22are applied to the cost of the new facility or repairs;
	68	+	2.23 (iv) the number of licensed and certified beds in the new facility does not exceed the
	69	+	2.24number of licensed and certified beds in the destroyed facility; and
	70	+	2.25 (v) the commissioner determines that the replacement beds are needed to prevent an
	71	+	2.26inadequate supply of beds.
	72	+	2.27Project construction costs incurred for repairs authorized under this clause shall not be
	73	+	2.28considered in the dollar threshold amount defined in subdivision 2;
	74	+	2.29 (b) to license or certify beds that are moved from one location to another within a nursing
	75	+	2.30home facility, provided the total costs of remodeling performed in conjunction with the
	76	+	2.31relocation of beds does not exceed $1,000,000;
87	77		2Article 1 Section 1.
88		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 3.1 (c) Effective January 1, 2026, or the first day of the month following federal approval,
89		-	3.2whichever is later, the surcharge under this subdivision shall be increased to $5,900.
90		-	3.3 (e) (d) The commissioner may reduce, and may subsequently restore, the surcharge
91		-	3.4under paragraph (d) based on the commissioner's determination of a permissible surcharge
92		-	3.5must decrease the amount under this subdivision as necessary to remain under the allowable
93		-	3.6federal tax percent in Code of Federal Regulations, title 42, part 433.
94		-	3.7 EFFECTIVE DATE.This section is effective the day following final enactment.
95		-	3.8 Sec. 2. Minnesota Statutes 2024, section 256B.0922, subdivision 1, is amended to read:
96		-	3.9 Subdivision 1.Essential community supports.(a) The purpose of the essential
97		-	3.10community supports program is to provide targeted services to persons age 65 and older
98		-	3.11who need essential community support, but whose needs do not meet the level of care
99		-	3.12required for nursing facility placement under section 144.0724, subdivision 11, and who
100		-	3.13are either 60 years of age or older or are persons with dementia.
101		-	3.14 (b) Essential community supports are available not to exceed $400 per person per month.
102		-	3.15Essential community supports may be used as authorized within an authorization period
103		-	3.16not to exceed 12 months. Services must be available to a person who:
104		-	3.17 (1) is age 65 60 or older or has dementia;
105		-	3.18 (2) is not eligible for medical assistance;
106		-	3.19 (3) has received a community assessment under section 256B.0911, subdivisions 17 to
107		-	3.2021, 23, 24, or 27, and does not require the level of care provided in a nursing facility;
108		-	3.21 (4) meets the financial eligibility criteria for the alternative care program under section
109		-	3.22256B.0913, subdivision 4 under subdivision 3;
110		-	3.23 (5) has an assessment summary; and
111		-	3.24 (6) has been determined by a community assessment under section 256B.0911,
112		-	3.25subdivisions 17 to 21, 23, 24, or 27, to be a person who would require provision of at least
113		-	3.26one of the following services, as defined in the approved elderly waiver plan, in order to
114		-	3.27maintain their community residence:
115		-	3.28 (i) adult day services;
116		-	3.29 (ii) caregiver support;
117		-	3.30 (iii) homemaker support;
118		-	3.31 (iv) chores;
119		-	3Article 1 Sec. 2.
120		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 4.1 (v) a personal emergency response device or system;
121		-	4.2 (vi) home-delivered meals; or
122		-	4.3 (vii) community living assistance as defined by the commissioner; or
123		-	4.4 (viii) respite care.
124		-	4.5 (c) The person receiving any of the essential community supports in this subdivision
125		-	4.6must also receive service coordination, not to exceed $600 in a 12-month authorization
126		-	4.7period, as part of their assessment summary.
127		-	4.8 (d) A person who has been determined to be eligible for essential community supports
128		-	4.9must be reassessed at least annually and continue to meet the criteria in paragraph (b) to
129		-	4.10remain eligible for essential community supports.
130		-	4.11 (e) The commissioner is authorized to use federal matching funds for essential community
131		-	4.12supports as necessary and to meet demand for essential community supports as outlined in
132		-	4.13subdivision 2, and that amount of federal funds is appropriated to the commissioner for this
133		-	4.14purpose.
134		-	4.15 Sec. 3. Minnesota Statutes 2024, section 256B.0922, is amended by adding a subdivision
135		-	4.16to read:
136		-	4.17 Subd. 3.Financial eligibility criteria.(a) To be eligible for essential community
137		-	4.18supports, a person may have an income up to 400 percent of the federal poverty guidelines
138		-	4.19for the household size. When determining financial eligibility under this subdivision, the
139		-	4.20commissioner must use the income methodology described in section 256B.056, subdivision
140		-	4.211a, paragraph (b).
141		-	4.22 (b) No asset limit applies to a person eligible for essential community supports.
142		-	4.23 Sec. 4. Minnesota Statutes 2024, section 256B.434, subdivision 4k, is amended to read:
143		-	4.24 Subd. 4k.Property rate increase for certain nursing facilities.(a) A rate increase
144		-	4.25under this subdivision ends upon the effective date of the transition of the facility's property
145		-	4.26rate to a property payment rate under section 256R.26, subdivision 8, or May 31, 2026,
146		-	4.27whichever is earlier.
147		-	4.28 (b) The commissioner shall increase the property rate of a nursing facility located in the
148		-	4.29city of St. Paul at 1415 Almond Avenue in Ramsey County by $10.65 on January 1, 2025.
149		-	4.30 (c) The commissioner shall increase the property rate of a nursing facility located in the
150		-	4.31city of Duluth at 3111 Church Place in St. Louis County by $20.81 on January 1, 2025.
151		-	4Article 1 Sec. 4.
152		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 5.1 (d) The commissioner shall increase the property rate of a nursing facility located in the
153		-	5.2city of Chatfield at 1102 Liberty Street SE in Fillmore County by $21.35 on January 1,
154		-	5.32025.
155		-	5.4 (e) Effective January 1, 2025, through June 30, 2025, the commissioner shall increase
156		-	5.5the property rate of a nursing facility located in the city of Fergus Falls at 1131 South
157		-	5.6Mabelle Avenue in Ottertail County by $38.56.
158		-	5.7 EFFECTIVE DATE.This section is effective July 1, 2025.
159		-	5.8 Sec. 5. Minnesota Statutes 2024, section 256R.02, subdivision 19, is amended to read:
160		-	5.9 Subd. 19.External fixed costs."External fixed costs" means costs related to the nursing
161		-	5.10home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
162		-	5.11family advisory council fee under section 144A.33; scholarships under section 256R.37;
163		-	5.12planned closure rate adjustments under section 256R.40; consolidation rate adjustments
164		-	5.13under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d;
165		-	5.14single-bed room incentives under section 256R.41; property taxes, special assessments, and
166		-	5.15payments in lieu of taxes; employer health insurance costs; quality improvement incentive
167		-	5.16payment rate adjustments under section 256R.39; performance-based incentive payments
168		-	5.17under section 256R.38; special dietary needs under section 256R.51; Public Employees
169		-	5.18Retirement Association employer costs; and border city rate adjustments under section
170		-	5.19256R.481; and the rate adjustment for nursing home wage standards under section 256R.495.
171		-	5.20 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
172		-	5.21whichever is later, and applies retroactively to the rate year beginning January 1, 2026. The
173		-	5.22commissioner of human services shall notify the revisor of statutes when federal approval
174		-	5.23is obtained.
175		-	5.24 Sec. 6. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision to
176		-	5.25read:
177		-	5.26 Subd. 25b.Known cost change factor."Known cost change factor" means 1.00 plus
178		-	5.27the average amount of increase in minimum wages for nursing home employees approved
179		-	5.28by the Nursing Home Workforce Standards Board established under section 181.212 that
180		-	5.29have taken effect within the previous 12 months.
181		-	5.30 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,
182		-	5.31whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
183		-	5Article 1 Sec. 6.
184		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 6.1commissioner of human services shall notify the revisor of statutes when federal approval
185		-	6.2is obtained.
186		-	6.3 Sec. 7. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision to
187		-	6.4read:
188		-	6.5 Subd. 36a.Patient driven payment model or PDPM."Patient driven payment model"
189		-	6.6or "PDPM" has the meaning given in section 144.0724, subdivision 2.
190		-	6.7 EFFECTIVE DATE.This section is effective the day following final enactment.
191		-	6.8 Sec. 8. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision to
192		-	6.9read:
193		-	6.10 Subd. 45a.Resource utilization group or RUG."Resource utilization group" or "RUG"
194		-	6.11has the meaning given in section 144.0724, subdivision 2.
195		-	6.12 EFFECTIVE DATE.This section is effective the day following final enactment.
196		-	6.13 Sec. 9. Minnesota Statutes 2024, section 256R.23, subdivision 2, is amended to read:
197		-	6.14 Subd. 2.Calculation of direct care cost per standardized day.Each facility's direct
198		-	6.15care cost per standardized day is calculated as follows: (1) multiply the facility's direct care
199		-	6.16costs divided and the known cost change factor; and (2) divide the result of clause (1) by
200		-	6.17the sum of the facility's standardized days. A facility's direct care cost per standardized day
201		-	6.18is the facility's cost per day for direct care services associated with a case mix index of 1.00.
202		-	6.19 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,
203		-	6.20whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
204		-	6.21commissioner of human services shall notify the revisor of statutes when federal approval
205		-	6.22is obtained.
206		-	6.23 Sec. 10. Minnesota Statutes 2024, section 256R.23, subdivision 3, is amended to read:
207		-	6.24 Subd. 3.Calculation of other care-related cost per resident day.Each facility's other
208		-	6.25care-related cost per resident day is its calculated as follows:
209		-	6.26 (1) multiply the facility's other care-related costs, divided and the known cost change
210		-	6.27factor; and
211		-	6.28 (2) divide the result of clause (1) by the sum of the facility's resident days.
212		-	6Article 1 Sec. 10.
213		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 7.1 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,
214		-	7.2whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
215		-	7.3commissioner of human services shall notify the revisor of statutes when federal approval
216		-	7.4is obtained.
217		-	7.5 Sec. 11. Minnesota Statutes 2024, section 256R.24, subdivision 1, is amended to read:
218		-	7.6 Subdivision 1.Determination of other operating cost per day.Each facility's other
219		-	7.7operating cost per day is its calculated as follows:
220		-	7.8 (1) multiply the facility's other operating costs divided and the known cost change factor;
221		-	7.9and
222		-	7.10 (2) divide the result of clause (1) by the sum of the facility's resident days.
223		-	7.11 EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal approval,
224		-	7.12whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
225		-	7.13commissioner of human services shall notify the revisor of statutes when federal approval
226		-	7.14is obtained.
227		-	7.15 Sec. 12. Minnesota Statutes 2024, section 256R.25, is amended to read:
228		-	7.16 256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.
229		-	7.17 (a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
230		-	7.18(b) to (p) (q).
231		-	7.19 (b) For a facility licensed as a nursing home, the portion related to the provider surcharge
232		-	7.20under section 256.9657 is equal to $8.86 $19.02 per resident day. For a facility licensed as
233		-	7.21both a nursing home and a boarding care home, the portion related to the provider surcharge
234		-	7.22under section 256.9657 is equal to $8.86 $19.02 per resident day multiplied by the result
235		-	7.23of its number of nursing home beds divided by its total number of licensed beds. The
236		-	7.24commissioner must decrease the portion related to the provider surcharge as necessary to
237		-	7.25conform to decreases in the nursing home license surcharge fee under section 256.9657.
238		-	7.26 (c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
239		-	7.27amount of the fee divided by the sum of the facility's resident days.
240		-	7.28 (d) The portion related to development and education of resident and family advisory
241		-	7.29councils under section 144A.33 is $5 per resident day divided by 365.
242		-	7.30 (e) The portion related to scholarships is determined under section 256R.37.
243		-	7Article 1 Sec. 12.
244		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 8.1 (f) The portion related to planned closure rate adjustments is as determined under section
245		-	8.2256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.
246		-	8.3 (g) The portion related to consolidation rate adjustments shall be as determined under
247		-	8.4section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.
248		-	8.5 (h) The portion related to single-bed room incentives is as determined under section
249		-	8.6256R.41.
250		-	8.7 (i) The portions related to real estate taxes, special assessments, and payments made in
251		-	8.8lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable
252		-	8.9amounts divided by the sum of the facility's resident days. Allowable costs under this
253		-	8.10paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate
254		-	8.11taxes shall not exceed the amount which the nursing facility would have paid to a city or
255		-	8.12township and county for fire, police, sanitation services, and road maintenance costs had
256		-	8.13real estate taxes been levied on that property for those purposes.
257		-	8.14 (j) The portion related to employer health insurance costs is the calculated as follows:
258		-	8.15 (1) multiply the facility's allowable employer health insurance costs divided and the
259		-	8.16known cost change factor; and
260		-	8.17 (2) divide the result of clause (1) by the sum of the facility's resident days.
261		-	8.18 (k) The portion related to the Public Employees Retirement Association is the allowable
262		-	8.19costs divided by the sum of the facility's resident days.
263		-	8.20 (l) The portion related to quality improvement incentive payment rate adjustments is
264		-	8.21the amount determined under section 256R.39.
265		-	8.22 (m) The portion related to performance-based incentive payments is the amount
266		-	8.23determined under section 256R.38.
267		-	8.24 (n) The portion related to special dietary needs is the amount determined under section
268		-	8.25256R.51.
269		-	8.26 (o) The portion related to the rate adjustments for border city facilities is the amount
270		-	8.27determined under section 256R.481.
271		-	8.28 (p) The portion related to the rate adjustment for critical access nursing facilities is the
272		-	8.29amount determined under section 256R.47.
273		-	8.30 (q) The portion related to the rate adjustment for nursing home wage standards is the
274		-	8.31amount determined under section 256R.495. This paragraph expires January 1, 2029.
275		-	8Article 1 Sec. 12.
276		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 9.1 EFFECTIVE DATE.The amendment to paragraph (a) and the new paragraph (q) are
277		-	9.2effective January 1, 2026, or upon federal approval, whichever is later, and apply retroactively
278		-	9.3to the rate year beginning January 1, 2026. The amendments to paragraph (b) are effective
279		-	9.4January 1, 2026, or the first day of the month following federal approval, whichever is later.
280		-	9.5The amendments to paragraph (j) are effective January 1, 2027, or upon federal approval,
281		-	9.6whichever is later, and apply retroactively to the rate year beginning January 1, 2027. The
282		-	9.7commissioner of human services shall notify the revisor of statutes when federal approval
283		-	9.8is obtained.
284		-	9.9 Sec. 13. [256R.495] RATE ADJUSTMENT FOR NURSING HOME WAGE
285		-	9.10STANDARDS.
286		-	9.11 Subdivision 1.Nursing facility rate adjustment.Effective for the rate years beginning
287		-	9.12January 1, 2026, and January 1, 2027, nursing facility rates under this chapter must include
288		-	9.13a rate adjustment to pay for the nursing home wage standards promulgated by the Nursing
289		-	9.14Home Workforce Standards Board and adopted as proposed on October 28, 2024. Each
290		-	9.15nursing facility reimbursed under this chapter must report to the commissioner the wage
291		-	9.16rate for every employee and contracted employee below the minimum wage standards
292		-	9.17established by the board under section 181.212.
293		-	9.18 Subd. 2.Application for January 1, 2026, and January 1, 2027, rate adjustments.(a)
294		-	9.19To receive a rate adjustment, a nursing facility must submit an application for each rate year
295		-	9.20in which the rate adjustment under this section is in effect to the commissioner in a form
296		-	9.21and manner determined by the commissioner. The application must include data for a period
297		-	9.22beginning with the first pay period after July 1 of the year prior to the rate year in which
298		-	9.23the rate adjustment takes effect, including at least three months of employee compensated
299		-	9.24hours by wage rate and a spending plan that describes how the funds from the rate adjustment
300		-	9.25will be allocated for compensation to employees as defined by Minnesota Rules, part
301		-	9.265200.2060, that are paid less than the general wage standards defined in Minnesota Rules,
302		-	9.27part 5200.2080, and the wage standards for certain positions defined by Minnesota Rules,
303		-	9.28part 5200.2090. The application must be submitted by October 1 of the year prior to the
304		-	9.29rate year in which the rate adjustment takes effect. The commissioner may request any
305		-	9.30additional information needed to determine the rate adjustment within 20 calendar days of
306		-	9.31receiving a completed application. The nursing facility must provide any additional
307		-	9.32information requested by the commissioner within 20 calendar days of receiving a request
308		-	9.33from the commissioner for additional information. The commissioner may waive the
309		-	9.34deadlines in this subdivision under extraordinary circumstances.
310		-	9Article 1 Sec. 13.
311		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 10.1 (b) For a nursing facility in which employees are represented by an exclusive bargaining
312		-	10.2representative, the commissioner shall approve an application submitted under this
313		-	10.3subdivision only upon receipt of a letter of acceptance of the spending plan in regard to
314		-	10.4members of the bargaining unit, signed by the exclusive bargaining agent and dated after
315		-	10.5July 1 of the year prior to the rate year in which the rate adjustment takes effect. Upon
316		-	10.6receipt of the letter of acceptance, the commissioner shall deem all requirements of this
317		-	10.7paragraph met in regard to the members of the bargaining unit.
318		-	10.8 Subd. 3.January 1, 2026, rate adjustment calculation.Based on the application in
319		-	10.9subdivision 2, the commissioner shall calculate the annualized compensation costs by adding
320		-	10.10the totals of clauses (1) to (5). The result must be divided by the resident days from the most
321		-	10.11recently available cost report to determine a per diem amount, which must be included in
322		-	10.12the external fixed costs payment rate under section 256R.25:
323		-	10.13 (1) for all nursing home workers, the sum of the difference between $19 and any hourly
324		-	10.14wage rate of less than $19 multiplied by the number of compensated hours at that wage
325		-	10.15rate;
326		-	10.16 (2) for certified nursing assistants, the sum of the difference between $22.50 and any
327		-	10.17hourly wage rate of less than $22.50 multiplied by the number of compensated hours at that
328		-	10.18wage rate;
329		-	10.19 (3) for trained medication aides, the sum of the difference between $23.50 and any hourly
330		-	10.20wage rate of less than $23.50 multiplied by the number of compensated hours at that wage
331		-	10.21rate;
332		-	10.22 (4) for licensed practical nurses, the sum of the difference between $27 and any hourly
333		-	10.23wage rate of less than $27 multiplied by the number of compensated hours at that wage
334		-	10.24rate; and
335		-	10.25 (5) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal
336		-	10.26unemployment taxes, workers' compensation, pensions, and contributions to employee
337		-	10.27retirement accounts attributable to the amounts in clauses (1) to (4).
338		-	10.28 Subd. 4.January 1, 2027, rate adjustment calculation.Based on the application in
339		-	10.29subdivision 2, the commissioner shall calculate the annualized compensation costs by adding
340		-	10.30the totals of clauses (1) to (5). The result must be divided by the resident days from the most
341		-	10.31recently available cost report to determine a per diem amount, which must be included in
342		-	10.32the external fixed costs payment rate under section 256R.25:
343		-	10Article 1 Sec. 13.
344		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 11.1 (1) for all nursing home workers, the sum of the difference between $20.50 and any
345		-	11.2hourly wage rate of less than $20.50 multiplied by the number of compensated hours at that
346		-	11.3wage rate;
347		-	11.4 (2) for certified nursing assistants, the sum of the difference between $24 and any hourly
348		-	11.5wage rate of less than $24 multiplied by the number of compensated hours at that wage
349		-	11.6rate;
350		-	11.7 (3) for trained medication aides, the sum of the difference between $25 and any hourly
351		-	11.8wage rate of less than $25 multiplied by the number of compensated hours at that wage
352		-	11.9rate;
353		-	11.10 (4) for licensed practical nurses, the sum of the difference between $28.50 and any hourly
354		-	11.11wage rate of less than $28.50 multiplied by the number of compensated hours at that wage
355		-	11.12rate; and
356		-	11.13 (5) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal
357		-	11.14unemployment taxes, workers' compensation, pensions, and contributions to employee
358		-	11.15retirement accounts attributable to the amounts in clauses (1) to (4).
359		-	11.16 Subd. 5.Rate adjustment timeline.(a) For the rate year beginning January 1, 2026,
360		-	11.17nursing facilities that receive approval of the application in subdivision 2 must receive a
361		-	11.18rate adjustment according to subdivision 3. The rate adjustment must continue to be included
362		-	11.19in the external fixed costs payment rate under section 256R.25 until January 1, 2028.
363		-	11.20 (b) For the rate year beginning January 1, 2027, nursing facilities that receive approval
364		-	11.21of the application in subdivision 2 must receive a rate adjustment according to subdivision
365		-	11.224. The rate adjustment must continue to be included in the external fixed costs payment rate
366		-	11.23under section 256R.25 until January 1, 2029.
367		-	11.24 Subd. 6.Expiration.This section expires January 1, 2029.
368		-	11.25 EFFECTIVE DATE.This section is effective July 1, 2025, or upon federal approval,
369		-	11.26whichever is later. The commissioner of human services shall notify the revisor of statutes
370		-	11.27when federal approval is obtained.
371		-	11.28Sec. 14. [256R.531] PATIENT DRIVEN PAYMENT MODEL PHASE-IN.
372		-	11.29 Subdivision 1.Model phase-in.From October 1, 2025, to December 31, 2028, the
373		-	11.30commissioner shall determine an adjustment to the total payment rate for each facility as
374		-	11.31determined under sections 256R.21 and 256R.27 to phase in the direct care payment rate
375		-	11Article 1 Sec. 14.
376		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 12.1from the RUG-IV case mix classification system to the patient driven payment model
377		-	12.2(PDPM) case mix classification system.
378		-	12.3 Subd. 2.RUG-IV standardized days and facility case mix index.(a) The commissioner
379		-	12.4must determine the RUG-IV standardized days and facility average case mix using the sum
380		-	12.5of the resident days by case mix classification for all payers on the Minnesota Statistical
381		-	12.6and Cost Report.
382		-	12.7 (b) For the rate year beginning January 1, 2028, to December 31, 2028:
383		-	12.8 (1) the commissioner must determine the RUG-IV facility average case mix using the
384		-	12.9sum of the resident days by the case mix classification for all payers on the September 30,
385		-	12.102025, Minnesota Statistical and Cost Report; and
386		-	12.11 (2) the commissioner must determine the RUG-IV standardized days by multiplying the
387		-	12.12resident days on the September 30, 2026, Minnesota Statistical and Cost Report by the
388		-	12.13RUG-IV facility case mix index determined under clause (1).
389		-	12.14 Subd. 3.RUG-IV medical assistance case mix adjusted direct care payment rate.The
390		-	12.15commissioner must determine a facility's RUG-IV medical assistance case mix adjusted
391		-	12.16direct care payment rate as the product of:
392		-	12.17 (1) the facility's RUG-IV direct care and payment rate determined in section 256R.23,
393		-	12.18subdivision 7, using the RUG-IV standardized days determined in subdivision 2; and
394		-	12.19 (2) the corresponding medical assistance facility average case mix index for medical
395		-	12.20assistance days determined in subdivision 2.
396		-	12.21 Subd. 4.PDPM medical assistance case mix adjusted direct care payment rate.The
397		-	12.22commissioner must determine a facility's PDPM medical assistance case mix adjusted direct
398		-	12.23care payment rate as the product of:
399		-	12.24 (1) the facility's direct care payment rate determined in section 256R.23, subdivision 7;
400		-	12.25and
401		-	12.26 (2) the corresponding medical assistance facility average case mix index for medical
402		-	12.27assistance days as defined in section 256R.02, subdivision 20.
403		-	12.28 Subd. 5.Blended medical assistance case mix adjusted direct care payment rate.The
404		-	12.29commissioner must determine a facility's blended medical assistance case mix adjusted
405		-	12.30direct care payment rate as the sum of:
406		-	12.31 (1) the RUG-IV medical assistance case mix adjusted direct care payment rate determined
407		-	12.32in subdivision 3 multiplied by the following percentages:
408		-	12Article 1 Sec. 14.
409		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 13.1 (i) from October 1, 2025, to December 31, 2026, 75 percent;
410		-	13.2 (ii) from January 1, 2027, to December 31, 2027, 50 percent; and
411		-	13.3 (iii) from January 1, 2028, to December 31, 2028, 25 percent; and
412		-	13.4 (2) the PDPM medical assistance case mix adjusted direct care payment rate determined
413		-	13.5in subdivision 4 multiplied by the following percentages:
414		-	13.6 (i) October 1, 2025, to December 31, 2026, 25 percent;
415		-	13.7 (ii) January 1, 2027, to December 31, 2027, 50 percent; and
416		-	13.8 (iii) January 1, 2028, to December 31, 2028, 75 percent.
417		-	13.9 Subd. 6.PDPM phase-in rate adjustment.The commissioner shall determine a facility's
418		-	13.10PDPM phase-in rate adjustment as the difference between:
419		-	13.11 (1) the blended medical assistance case mix adjusted direct care payment rate determined
420		-	13.12in subdivision 5; and
421		-	13.13 (2) the PDPM medical assistance case mix adjusted direct care payment rate determined
422		-	13.14in section 256R.23, subdivision 7.
423		-	13.15 EFFECTIVE DATE.This section is effective October 1, 2025.
424		-	13.16Sec. 15. [256R.532] NURSING FACILITY RATE ADD-ON FOR WORKFORCE
425		-	13.17STANDARDS.
426		-	13.18 (a) Effective for rate years beginning on and after January 1, 2028, or upon federal
427		-	13.19approval, whichever is later, the commissioner shall annually provide a rate add-on amount
428		-	13.20for nursing facilities reimbursed under this chapter for the initial standards for wages for
429		-	13.21nursing home workers adopted by the Nursing Home Workforce Standards Board in
430		-	13.22Minnesota Rules, parts 5200.2060 to 5200.2090, pursuant to section 181.213, subdivision
431		-	13.232, paragraph (c). The add-on amount is equal to:
432		-	13.24 (1) $3.93 per resident day, effective January 1, 2028; and
433		-	13.25 (2) $8.55 per resident day, effective January 1, 2029.
434		-	13.26 (b) Effective upon federal approval, the commissioner must determine the add-on amount
435		-	13.27for subsequent rate years in consultation with the commissioner of labor and industry.
436		-	13.28 EFFECTIVE DATE.This section is effective the day following final enactment.
437		-	13Article 1 Sec. 15.
438		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 14.1 ARTICLE 2
439		-	14.2 DISABILITY SERVICES
440		-	14.3 Section 1. Minnesota Statutes 2024, section 144.0724, subdivision 2, is amended to read:
441		-	14.4 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings
442		-	14.5given.
443		-	14.6 (a) "Assessment reference date" or "ARD" means the specific end point for look-back
444		-	14.7periods in the MDS assessment process. This look-back period is also called the observation
445		-	14.8or assessment period.
446		-	14.9 (b) "Case mix index" means the weighting factors assigned to the case mix reimbursement
447		-	14.10classifications determined by an assessment.
448		-	14.11 (c) "Index maximization" means classifying a resident who could be assigned to more
449		-	14.12than one category, to the category with the highest case mix index.
450		-	14.13 (d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment,
451		-	14.14and functional status elements, that include common definitions and coding categories
452		-	14.15specified by the Centers for Medicare and Medicaid Services and designated by the
453		-	14.16Department of Health.
454		-	14.17 (e) "Representative" means a person who is the resident's guardian or conservator, the
455		-	14.18person authorized to pay the nursing home expenses of the resident, a representative of the
456		-	14.19Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
457		-	14.20other individual designated by the resident.
458		-	14.21 (f) "Activities of daily living" includes personal hygiene, dressing, bathing, transferring,
459		-	14.22bed mobility, locomotion, eating, and toileting.
460		-	14.23 (g) "Nursing facility level of care determination" means the assessment process that
461		-	14.24results in a determination of a resident's or prospective resident's need for nursing facility
462		-	14.25level of care as established in subdivision 11 for purposes of medical assistance payment
463		-	14.26of long-term care services for:
464		-	14.27 (1) nursing facility services under chapter 256R;
465		-	14.28 (2) elderly waiver services under chapter 256S; and
466		-	14.29 (3) CADI and BI waiver services under section 256B.49; and
467		-	14.30 (4) (3) state payment of alternative care services under section 256B.0913.
468		-	14Article 2 Section 1.
469		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 15.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
470		-	15.2whichever is later. The commissioner of human services shall notify the revisor of statutes
471		-	15.3when federal approval is obtained.
472		-	15.4 Sec. 2. Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
473		-	15.5 Subd. 11.Nursing facility level of care.(a) For purposes of medical assistance payment
474		-	15.6of long-term care services determined under subdivision 2, paragraph (g), a recipient must
475		-	15.7be determined, using assessments defined in subdivision 4, to meet one of the following
476		-	15.8nursing facility level of care criteria:
477		-	15.9 (1) the person requires formal clinical monitoring at least once per day;
478		-	15.10 (2) the person needs the assistance of another person or constant supervision to begin
479		-	15.11and complete at least four of the following activities of living: bathing, bed mobility, dressing,
480		-	15.12eating, grooming, toileting, transferring, and walking;
481		-	15.13 (3) the person needs the assistance of another person or constant supervision to begin
482		-	15.14and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
483		-	15.15 (4) the person has significant difficulty with memory, using information, daily decision
484		-	15.16making, or behavioral needs that require intervention;
485		-	15.17 (5) the person has had a qualifying nursing facility stay of at least 90 days;
486		-	15.18 (6) the person meets the nursing facility level of care criteria determined 90 days after
487		-	15.19admission or on the first quarterly assessment after admission, whichever is later; or
488		-	15.20 (7) the person is determined to be at risk for nursing facility admission or readmission
489		-	15.21through a face-to-face long-term care consultation assessment as specified in section
490		-	15.22256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
491		-	15.23organization under contract with the Department of Human Services. The person is
492		-	15.24considered at risk under this clause if the person currently lives alone or will live alone or
493		-	15.25be homeless without the person's current housing and also meets one of the following criteria:
494		-	15.26 (i) the person has experienced a fall resulting in a fracture;
495		-	15.27 (ii) the person has been determined to be at risk of maltreatment or neglect, including
496		-	15.28self-neglect; or
497		-	15.29 (iii) the person has a sensory impairment that substantially impacts functional ability
498		-	15.30and maintenance of a community residence.
499		-	15Article 2 Sec. 2.
500		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 16.1 (b) The assessment used to establish medical assistance payment for nursing facility
501		-	16.2services must be the most recent assessment performed under subdivision 4, paragraphs (b)
502		-	16.3and (c), that occurred no more than 90 calendar days before the effective date of medical
503		-	16.4assistance eligibility for payment of long-term care services. In no case shall medical
504		-	16.5assistance payment for long-term care services occur prior to the date of the determination
505		-	16.6of nursing facility level of care.
506		-	16.7 (c) The assessment used to establish medical assistance payment for long-term care
507		-	16.8services provided under chapter 256S and section 256B.49 and alternative care payment
508		-	16.9for services provided under section 256B.0913 must be the most recent face-to-face
509		-	16.10assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
510		-	16.11that occurred no more than 60 calendar days before the effective date of medical assistance
511		-	16.12eligibility for payment of long-term care services.
512		-	16.13 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
513		-	16.14whichever is later. The commissioner of human services shall notify the revisor of statutes
514		-	16.15when federal approval is obtained.
515		-	16.16Sec. 3. Minnesota Statutes 2024, section 144.0724, is amended by adding a subdivision
516		-	16.17to read:
517		-	16.18 Subd. 11a.Determination of nursing facility level of care for the brain injury and
518		-	16.19community access for disability inclusion waivers.(a) Effective January 1, 2026, or upon
519		-	16.20federal approval, whichever is later, a person must be determined to meet one of the following
520		-	16.21nursing facility level of care criteria for the brain injury and community access for disability
521		-	16.22inclusion waivers under section 256B.49:
522		-	16.23 (1) the person requires formal clinical monitoring at least once per day;
523		-	16.24 (2) the person needs the assistance of another person or constant supervision to begin
524		-	16.25and complete at least four of the following activities of daily living: bathing, bed mobility,
525		-	16.26dressing, eating, grooming, toileting, transferring, and walking;
526		-	16.27 (3) the person needs the assistance of another person or constant supervision to begin
527		-	16.28and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
528		-	16.29or
529		-	16.30 (4) the person has significant difficulty with memory, using information, daily decision
530		-	16.31making, or behavioral needs that require intervention.
531		-	16Article 2 Sec. 3.
532		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 17.1 (b) Nursing facility level of care determinations for purposes of initial and ongoing
533		-	17.2access to the brain injury and community access for disability inclusion waiver programs
534		-	17.3must be conducted by a MnCHOICES certified assessor under section 256B.0911.
535		-	17.4 EFFECTIVE DATE.This section is effective the day following final enactment.
536		-	17.5 Sec. 4. Minnesota Statutes 2024, section 179A.54, is amended by adding a subdivision to
537		-	17.6read:
538		-	17.7 Subd. 12.Minnesota Caregiver Retirement Fund Trust.(a) The state and an exclusive
539		-	17.8representative certified pursuant to this section may establish a joint labor and management
540		-	17.9trust, referred to as the Minnesota Caregiver Retirement Fund Trust, for the exclusive
541		-	17.10purpose of creating, implementing, and administering a retirement program for individual
542		-	17.11providers of direct support services who are represented by the exclusive representative.
543		-	17.12 (b) The state must make financial contributions to the Minnesota Caregiver Retirement
544		-	17.13Fund Trust pursuant to a collective bargaining agreement negotiated under this section. The
545		-	17.14financial contributions by the state must be held in trust for the purpose of paying, from
546		-	17.15principal, income, or both, the costs associated with creating, implementing, and
547		-	17.16administering a defined contribution or other individual account retirement program for
548		-	17.17individual providers of direct support services working under a collective bargaining
549		-	17.18agreement and providing services through a covered program under section 256B.0711. A
550		-	17.19board of trustees composed of an equal number of trustees appointed by the governor and
551		-	17.20trustees appointed by the exclusive representative under this section must administer, manage,
552		-	17.21and otherwise jointly control the Minnesota Caregiver Retirement Fund Trust. The trust
553		-	17.22must not be an agent of either the state or the exclusive representative.
554		-	17.23 (c) A third-party administrator, financial management institution, other appropriate
555		-	17.24entity, or any combination thereof may provide trust administrative, management, legal,
556		-	17.25and financial services to the board of trustees as designated by the board of trustees from
557		-	17.26time to time. The services must be paid from the money held in trust and created by the
558		-	17.27state's financial contributions to the Minnesota Caregiver Retirement Fund Trust.
559		-	17.28 (d) The state is authorized to purchase liability insurance for members of the board of
560		-	17.29trustees appointed by the governor.
561		-	17.30 (e) Financial contributions to or participation in the management or administration of
562		-	17.31the Minnesota Caregiver Retirement Fund Trust must not be considered an unfair labor
563		-	17.32practice under section 179A.13, or a violation of Minnesota law.
564		-	17Article 2 Sec. 4.
565		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 18.1 (f) Nothing in this section shall be construed to authorize the creation of a defined benefit
566		-	18.2retirement plan or program.
567		-	18.3 EFFECTIVE DATE.This section is effective July 1, 2025.
568		-	18.4 Sec. 5. [245A.142] EARLY INTENSIVE DEVELOPMENT AL AND BEHAVIORAL
569		-	18.5INTERVENTION PROVISIONAL LICENSURE.
570		-	18.6 Subdivision 1.Regulatory powers.The commissioner shall regulate early intensive
571		-	18.7developmental and behavioral intervention (EIDBI) agencies pursuant to this section.
572		-	18.8 Subd. 2.Provisional license.(a) Beginning on January 1, 2026, the commissioner shall
573		-	18.9begin issuing provisional licenses to enrolled EIDBI agencies while permanent licensing
574		-	18.10standards are developed and shall not enroll new EIDBI agencies to provide EIDBI services.
575		-	18.11EIDBI agencies enrolled by December 31, 2025, have until April 1, 2026, to submit an
576		-	18.12application for provisional licensure on the forms and in the manner prescribed by the
577		-	18.13commissioner.
578		-	18.14 (b) Beginning April 2, 2026, an EIDBI agency shall not operate if it has not submitted
579		-	18.15an application for provisional licensure under this section. Failure to submit an application
580		-	18.16for provisional licensure by April 2, 2026, will result in disenrollment from providing EIDBI
581		-	18.17services.
582		-	18.18 (c) A provisional license is effective until comprehensive EIDBI agency licensure
583		-	18.19standards are in effect unless the provisional license is revoked. An applicant whose
584		-	18.20application for provisional licensure under this section has been denied may request
585		-	18.21reconsideration under subdivision 8.
586		-	18.22 (d) Beginning January 1, 2027, no agency providing EIDBI services may operate in
587		-	18.23Minnesota unless licensed under this section.
588		-	18.24 Subd. 3.Provisional license regulatory functions.The commissioner may:
589		-	18.25 (1) access the program without advance notice in accordance with section 245A.04,
590		-	18.26subdivision 5;
591		-	18.27 (2) investigate reports of maltreatment;
592		-	18.28 (3) investigate complaints against EIDBI agencies limited to the provisions of this
593		-	18.29section;
594		-	18.30 (4) take action on a license pursuant to sections 245A.06 and 245A.07;
595		-	18.31 (5) deny an application for provisional licensure; and
596		-	18Article 2 Sec. 5.
597		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 19.1 (6) take other action reasonably required to accomplish the purposes of this section.
598		-	19.2 Subd. 4.Provisional license requirements.A provisional license holder must:
599		-	19.3 (1) identify all controlling individuals, as defined in section 245A.02, subdivision 5a,
600		-	19.4for the agency;
601		-	19.5 (2) provide documented disclosures surrounding the use of billing agencies or other
602		-	19.6consultants, available to the department upon request;
603		-	19.7 (3) establish provider policies and procedures related to staff training, staff qualifications,
604		-	19.8quality assurance, and service activities;
605		-	19.9 (4) document contracts with independent contractors for qualified supervising
606		-	19.10professionals, including the number of hours contracted and responsibilities, available to
607		-	19.11the department upon request; and
608		-	19.12 (5) comply with section 256B.0949, subdivisions 2, 3a, 6, 7, 14, 15, 16, and 16a, and
609		-	19.13exceptions to qualifications, standards, and requirements granted by the commissioner under
610		-	19.14section 256B.0949, subdivision 17.
611		-	19.15 Subd. 5.Reporting of maltreatment.An EIDBI agency must comply with the
612		-	19.16requirements of reporting maltreatment of vulnerable adults and minors under section
613		-	19.17626.557 and chapter 260E.
614		-	19.18 Subd. 6.Background studies.A provisional license holder must initiate a background
615		-	19.19study through the commissioner's NETStudy 2.0 system as provided under chapter 245C.
616		-	19.20 Subd. 7.Revocations.The commissioner may revoke a provisional license if the
617		-	19.21provisional license holder is not in substantial compliance with the requirements of this
618		-	19.22section.
619		-	19.23 Subd. 8.Reconsideration.(a) If a provisional license holder disagrees with a revocation
620		-	19.24under subdivision 7 or a denial of a provisional license application, the provisional license
621		-	19.25holder may request reconsideration by the commissioner. The reconsideration request process
622		-	19.26must be conducted internally by the commissioner and is not an administrative appeal under
623		-	19.27chapter 14 or section 256.045.
624		-	19.28 (b) The provisional licensee requesting the reconsideration must make the request on
625		-	19.29the forms and in the manner prescribed by the commissioner.
626		-	19.30 (c) A complete reconsideration request and supporting documentation must be received
627		-	19.31by the commissioner within 15 calendar days after the date the provisional license holder
628		-	19Article 2 Sec. 5.
629		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 20.1receives notice of the revocation under subdivision 7 or a denial of a provisional license
630		-	20.2application.
631		-	20.3 Subd. 9.Continued operation.A provisional license holder may continue to operate
632		-	20.4after receiving notice of denial of a provisional license application or revocation:
633		-	20.5 (1) during the 15 calendar day reconsideration window; or
634		-	20.6 (2) during the pendency of a reconsideration.
635		-	20.7 Subd. 10.Disenrollment.An EIDBI agency whose application has been denied under
636		-	20.8subdivision 2 or whose provisional license has been revoked is disenrolled from providing
637		-	20.9EIDBI services.
638		-	20.10 Subd. 11.Transition to nonprovisional EIDBI license; future licensure standards.(a)
639		-	20.11The commissioner must develop a process and transition plan for comprehensive EIDBI
640		-	20.12agency licensure by July 1, 2027.
641		-	20.13 (b) By January 1, 2028, the commissioner shall establish standards for nonprovisional
642		-	20.14EIDBI agency licensure and submit proposed legislation to the chairs and ranking minority
643		-	20.15members of the legislative committees with jurisdiction over human services licensing.
644		-	20.16 EFFECTIVE DATE.This section is effective July 1, 2025.
645		-	20.17Sec. 6. Minnesota Statutes 2024, section 245C.16, subdivision 1, is amended to read:
646		-	20.18 Subdivision 1.Determining immediate risk of harm.(a) If the commissioner determines
647		-	20.19that the individual studied has a disqualifying characteristic, the commissioner shall review
648		-	20.20the information immediately available and make a determination as to the subject's immediate
649		-	20.21risk of harm to persons served by the program where the individual studied will have direct
650		-	20.22contact with, or access to, people receiving services.
651		-	20.23 (b) The commissioner shall consider all relevant information available, including the
652		-	20.24following factors in determining the immediate risk of harm:
653		-	20.25 (1) the recency of the disqualifying characteristic;
654		-	20.26 (2) the recency of discharge from probation for the crimes;
655		-	20.27 (3) the number of disqualifying characteristics;
656		-	20.28 (4) the intrusiveness or violence of the disqualifying characteristic;
657		-	20.29 (5) the vulnerability of the victim involved in the disqualifying characteristic;
658		-	20Article 2 Sec. 6.
659		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 21.1 (6) the similarity of the victim to the persons served by the program where the individual
660		-	21.2studied will have direct contact;
661		-	21.3 (7) whether the individual has a disqualification from a previous background study that
662		-	21.4has not been set aside;
663		-	21.5 (8) if the individual has a disqualification which may not be set aside because it is a
664		-	21.6permanent bar under section 245C.24, subdivision 1, or the individual is a child care
665		-	21.7background study subject who has a felony-level conviction for a drug-related offense in
666		-	21.8the last five years, the commissioner may order the immediate removal of the individual
667		-	21.9from any position allowing direct contact with, or access to, persons receiving services from
668		-	21.10the program and from working in a children's residential facility or foster residence setting;
669		-	21.11and
670		-	21.12 (9) if the individual has a disqualification which may not be set aside because it is a
671		-	21.13permanent bar under section 245C.24, subdivision 2, or the individual is a child care
672		-	21.14background study subject who has a felony-level conviction for a drug-related offense during
673		-	21.15the last five years, the commissioner may order the immediate removal of the individual
674		-	21.16from any position allowing direct contact with or access to persons receiving services from
675		-	21.17the center and from working in a licensed child care center or certified license-exempt child
676		-	21.18care center.
677		-	21.19 (c) This section does not apply when the subject of a background study is regulated by
678		-	21.20a health-related licensing board as defined in chapter 214, and the subject is determined to
679		-	21.21be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
680		-	21.22 (d) This section does not apply to a background study related to an initial application
681		-	21.23for a child foster family setting license.
682		-	21.24 (e) Except for paragraph (f), this section does not apply to a background study that is
683		-	21.25also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
684		-	21.26personal care assistant or a qualified professional as defined in section 256B.0659,
685		-	21.27subdivision 1, or to a background study for an individual providing early intensive
686		-	21.28developmental and behavioral intervention services under section 245A.142 or 256B.0949.
687		-	21.29 (f) If the commissioner has reason to believe, based on arrest information or an active
688		-	21.30maltreatment investigation, that an individual poses an imminent risk of harm to persons
689		-	21.31receiving services, the commissioner may order that the person be continuously supervised
690		-	21.32or immediately removed pending the conclusion of the maltreatment investigation or criminal
691		-	21.33proceedings.
692		-	21Article 2 Sec. 6.
693		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 22.1 EFFECTIVE DATE.This section is effective January 1, 2026.
694		-	22.2 Sec. 7. Minnesota Statutes 2024, section 245D.091, subdivision 2, is amended to read:
695		-	22.3 Subd. 2.Positive support professional qualifications.A positive support professional
696		-	22.4providing positive support services as identified in section 245D.03, subdivision 1, paragraph
697		-	22.5(c), clause (1), item (i), must have competencies in the following areas as required under
698		-	22.6the brain injury, community access for disability inclusion, community alternative care, and
699		-	22.7developmental disabilities waiver plans or successor plans:
700		-	22.8 (1) ethical considerations;
701		-	22.9 (2) functional assessment;
702		-	22.10 (3) functional analysis;
703		-	22.11 (4) measurement of behavior and interpretation of data;
704		-	22.12 (5) selecting intervention outcomes and strategies;
705		-	22.13 (6) behavior reduction and elimination strategies that promote least restrictive approved
706		-	22.14alternatives;
707		-	22.15 (7) data collection;
708		-	22.16 (8) staff and caregiver training;
709		-	22.17 (9) support plan monitoring;
710		-	22.18 (10) co-occurring mental disorders or neurocognitive disorder;
711		-	22.19 (11) demonstrated expertise with populations being served; and
712		-	22.20 (12) must be a:
713		-	22.21 (i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
714		-	22.22of Psychology competencies in the above identified areas;
715		-	22.23 (ii) clinical social worker licensed as an independent clinical social worker under chapter
716		-	22.24148D, or a person with a master's degree in social work from an accredited college or
717		-	22.25university, with at least 4,000 hours of post-master's supervised experience in the delivery
718		-	22.26of clinical services in the areas identified in clauses (1) to (11);
719		-	22.27 (iii) physician licensed under chapter 147 and certified by the American Board of
720		-	22.28Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
721		-	22.29in the areas identified in clauses (1) to (11);
722		-	22Article 2 Sec. 7.
723		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 23.1 (iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
724		-	23.2with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
725		-	23.3services who has demonstrated competencies in the areas identified in clauses (1) to (11);
726		-	23.4 (v) person with a master's degree from an accredited college or university in one of the
727		-	23.5behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
728		-	23.6experience in the delivery of clinical services with demonstrated competencies in the areas
729		-	23.7identified in clauses (1) to (11);
730		-	23.8 (vi) person with a master's degree or PhD in one of the behavioral sciences or related
731		-	23.9fields with demonstrated expertise in positive support services, as determined by the person's
732		-	23.10needs as outlined in the person's assessment summary; or
733		-	23.11 (vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
734		-	23.12certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
735		-	23.13mental health nursing by a national nurse certification organization, or who has a master's
736		-	23.14degree in nursing or one of the behavioral sciences or related fields from an accredited
737		-	23.15college or university or its equivalent, with at least 4,000 hours of post-master's supervised
738		-	23.16experience in the delivery of clinical services; or
739		-	23.17 (viii) person who has completed a competency-based training program as determined
740		-	23.18by the commissioner.
741		-	23.19Sec. 8. Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:
742		-	23.20 Subd. 3.Positive support analyst qualifications.(a) A positive support analyst providing
743		-	23.21positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
744		-	23.22clause (1), item (i), must have competencies in one of the following areas satisfy one of the
745		-	23.23following requirements as required under the brain injury, community access for disability
746		-	23.24inclusion, community alternative care, and developmental disabilities waiver plans or
747		-	23.25successor plans:
748		-	23.26 (1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
749		-	23.27services discipline or nursing;
750		-	23.28 (2) meet the qualifications of a mental health practitioner as defined in section 245.462,
751		-	23.29subdivision 17; or
752		-	23.30 (3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
753		-	23.31the Behavior Analyst Certification Board, Incorporated; or
754		-	23Article 2 Sec. 8.
755		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 24.1 (4) have completed a competency-based training program as determined by the
756		-	24.2commissioner.
757		-	24.3 (b) In addition, a positive support analyst must:
758		-	24.4 (1) have two years of supervised experience conducting functional behavior assessments
759		-	24.5and designing, implementing, and evaluating effectiveness of positive practices behavior
760		-	24.6support strategies for people who exhibit challenging behaviors as well as co-occurring
761		-	24.7mental disorders and neurocognitive disorder;
762		-	24.8 (2) have received training prior to hire or within 90 calendar days of hire that includes:
763		-	24.9 (i) ten hours of instruction in functional assessment and functional analysis;
764		-	24.10 (ii) 20 hours of instruction in the understanding of the function of behavior;
765		-	24.11 (iii) ten hours of instruction on design of positive practices behavior support strategies;
766		-	24.12 (iv) 20 hours of instruction preparing written intervention strategies, designing data
767		-	24.13collection protocols, training other staff to implement positive practice strategies,
768		-	24.14summarizing and reporting program evaluation data, analyzing program evaluation data to
769		-	24.15identify design flaws in behavioral interventions or failures in implementation fidelity, and
770		-	24.16recommending enhancements based on evaluation data; and
771		-	24.17 (v) eight hours of instruction on principles of person-centered thinking;
772		-	24.18 (3) be determined by a positive support professional to have the training and prerequisite
773		-	24.19skills required to provide positive practice strategies as well as behavior reduction approved
774		-	24.20and permitted intervention to the person who receives positive support; and
775		-	24.21 (4) be under the direct supervision of a positive support professional.
776		-	24.22 (c) Meeting the qualifications for a positive support professional under subdivision 2
777		-	24.23shall substitute for meeting the qualifications listed in paragraph (b).
778		-	24.24Sec. 9. [245D.13] OUT-OF-HOME RESPITE CARE SERVICES FOR CHILDREN.
779		-	24.25 Subdivision 1.Licensed setting required.A license holder with a home and
780		-	24.26community-based services license providing out-of-home respite care services for children
781		-	24.27may do so only in a licensed setting, unless exempt under subdivision 2. For purposes of
782		-	24.28this section, "respite care services" has the meaning given in section 245A.02, subdivision
783		-	24.2915.
784		-	24Article 2 Sec. 9.
785		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 25.1 Subd. 2.Exemption from licensed setting requirement.(a) The exemption under this
786		-	25.2subdivision does not apply to the provision of respite care services to a child in foster care
787		-	25.3under chapter 260C or 260D.
788		-	25.4 (b) A license holder with a home and community-based services license may provide
789		-	25.5out-of-home respite care services for children in an unlicensed residential setting if:
790		-	25.6 (1) all background studies are completed according to the requirements in chapter 245C;
791		-	25.7 (2) a child's case manager conducts and documents an assessment of the residential
792		-	25.8setting and the setting's environment before services are provided and at least once each
793		-	25.9calendar year thereafter if services continue to be provided at that residence. The assessment
794		-	25.10must ensure that the setting is suitable for the child receiving respite care services. The
795		-	25.11assessment must be conducted and documented in the manner prescribed by the
796		-	25.12commissioner;
797		-	25.13 (3) the child's legal representative visits the residence and signs and dates a statement
798		-	25.14authorizing services in the residence before services are provided and at least once each
799		-	25.15calendar year thereafter if services continue to be provided at that residence;
800		-	25.16 (4) the services are provided in a residential setting that is not licensed to provide any
801		-	25.17other licensed services;
802		-	25.18 (5) the services are provided to no more than four children at any one time. Each child
803		-	25.19must have an individual bedroom, except two siblings may share a bedroom;
804		-	25.20 (6) the services are not provided to children and adults over the age of 21 in the same
805		-	25.21residence at the same time;
806		-	25.22 (7) the services are not provided to a single family for more than 46 calendar days in a
807		-	25.23calendar year and no more than ten consecutive days;
808		-	25.24 (8) the license holder's license was not made conditional, suspended, or revoked during
809		-	25.25the previous 24 months; and
810		-	25.26 (9) each individual in the residence at the time services are provided, other than
811		-	25.27individuals receiving services, is an employee, as defined under section 245C.02, of the
812		-	25.28license holder and has had a background study completed under chapter 245C. No other
813		-	25.29household members or other individuals may be present in the residence while services are
814		-	25.30provided.
815		-	25.31 (c) A child may not receive out-of-home respite care services in more than two unlicensed
816		-	25.32residential settings in a calendar year.
817		-	25Article 2 Sec. 9.
818		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 26.1 (d) The license holder must ensure the requirements in this section are met.
819		-	26.2 Subd. 3.Documentation requirements.The license holder must maintain documentation
820		-	26.3of the following:
821		-	26.4 (1) background studies completed under chapter 245C;
822		-	26.5 (2) service recipient records indicating the calendar dates and times when services were
823		-	26.6provided;
824		-	26.7 (3) the case manager's initial residential setting assessment and each residential assessment
825		-	26.8completed thereafter; and
826		-	26.9 (4) the legal representative's approval of the residential setting before services are
827		-	26.10provided and each year thereafter.
828		-	26.11 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
829		-	26.12whichever is later. The commissioner of human services shall inform the revisor of statutes
830		-	26.13when federal approval is obtained.
831		-	26.14Sec. 10. [256.4768] DISABILITY SERVICES TECHNOLOGY AND ADVOCACY
832		-	26.15EXPANSION GRANT.
833		-	26.16 Subdivision 1.Establishment.(a) A disability services technology and advocacy
834		-	26.17expansion grant is established to:
835		-	26.18 (1) support the expansion of assistive technology and remote support services for people
836		-	26.19with disabilities; and
837		-	26.20 (2) strengthen advocacy efforts for individuals with disabilities and the providers who
838		-	26.21serve individuals with disabilities.
839		-	26.22 (b) The commissioner of human services must award the grant to an eligible grantee.
840		-	26.23 Subd. 2.Eligible grantee.An eligible grantee must:
841		-	26.24 (1) be a nonprofit organization with a statewide reach;
842		-	26.25 (2) have demonstrated knowledge of various forms of assistive technology and remote
843		-	26.26support for people with disabilities; and
844		-	26.27 (3) have proven capacity to provide education and training to multiple constituencies.
845		-	26.28 Subd. 3.Allowable uses of grant money.Grant money must be used to:
846		-	26.29 (1) develop and deliver comprehensive training programs for lead agencies, disability
847		-	26.30service providers, schools, employment support agencies, and individuals with disabilities
848		-	26Article 2 Sec. 10.
849		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 27.1and their families to ensure effective use of assistive technology and remote support tools.
850		-	27.2Training must address specific challenges faced by individuals with disabilities, such as
851		-	27.3accessibility, independence, and health monitoring;
852		-	27.4 (2) provide resources and support to advocacy organizations that work with individuals
853		-	27.5with disabilities and service providers. Resources and support must be used to promote the
854		-	27.6use of assistive technology to increase self-determination and community participation;
855		-	27.7 (3) maintain, distribute, and create accessible resources related to assistive technology
856		-	27.8and remote support. Materials must be tailored to address the unique needs of individuals
857		-	27.9with disabilities and the people and organizations who support individuals with disabilities;
858		-	27.10 (4) conduct research to explore new and emerging assistive technology solutions that
859		-	27.11address the evolving needs of individuals with disabilities. The research must emphasize
860		-	27.12the role of technology in promoting independence, improving quality of life, and ensuring
861		-	27.13safety; and
862		-	27.14 (5) conduct outreach initiatives to engage disability communities, service providers, and
863		-	27.15advocacy groups across Minnesota to promote awareness of assistive technology and remote
864		-	27.16support services. Outreach initiatives must focus on reaching underserved and rural
865		-	27.17populations.
866		-	27.18 Subd. 4.Evaluation and reporting requirements.(a) The grant recipient must submit
867		-	27.19an annual report by June 30 each year to the legislative committees with jurisdiction over
868		-	27.20disability services. The annual report must include:
869		-	27.21 (1) the number of individuals with disabilities and service providers who received training
870		-	27.22during the reporting year;
871		-	27.23 (2) data on the impact of assistive technology and remote support in improving quality
872		-	27.24of life, safety, and independence for individuals with disabilities; and
873		-	27.25 (3) recommendations for further advancing technology-driven disability advocacy efforts
874		-	27.26based on feedback and research findings.
875		-	27.27 (b) No later than three months after the grant period has ended, a final evaluation must
876		-	27.28be submitted to the legislative committees with jurisdiction over disability services to assess
877		-	27.29the overall impact on expanding access to assistive technology and remote support, with a
878		-	27.30focus on lessons learned and future opportunities for Minnesota's disability communities
879		-	27.31and service providers.
880		-	27Article 2 Sec. 10.
881		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 28.1 Sec. 11. Minnesota Statutes 2024, section 256B.0659, subdivision 17a, is amended to
882		-	28.2read:
883		-	28.3 Subd. 17a.Enhanced rate.(a) An enhanced rate of 107.5 percent of the rate paid for
884		-	28.4personal care assistance services shall be paid for services provided to persons who qualify
885		-	28.5for ten or more hours of personal care assistance services per day when provided by a
886		-	28.6personal care assistant who meets the requirements of subdivision 11, paragraph (d). This
887		-	28.7paragraph expires upon the effective date of paragraph (b).
888		-	28.8 (b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
889		-	28.9rate of 112.5 percent of the rate paid for personal care assistance services shall be paid for
890		-	28.10services provided to persons who qualify for ten or more hours of personal care assistance
891		-	28.11services per day when provided by a personal care assistant who meets the requirements of
892		-	28.12subdivision 11, paragraph (d).
893		-	28.13 (b) (c) A personal care assistance provider must use all additional revenue attributable
894		-	28.14to the rate enhancements under this subdivision for the wages and wage-related costs of the
895		-	28.15personal care assistants, including any corresponding increase in the employer's share of
896		-	28.16FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
897		-	28.17compensation premiums. The agency must not use the additional revenue attributable to
898		-	28.18any enhanced rate under this subdivision to pay for mileage reimbursement, health and
899		-	28.19dental insurance, life insurance, disability insurance, long-term care insurance, uniform
900		-	28.20allowance, contributions to employee retirement accounts, or any other employee benefits.
901		-	28.21 (c) (d) Any change in the eligibility criteria for the enhanced rate for personal care
902		-	28.22assistance services as described in this subdivision and referenced in subdivision 11,
903		-	28.23paragraph (d), does not constitute a change in a term or condition for individual providers
904		-	28.24as defined in section 256B.0711, and is not subject to the state's obligation to meet and
905		-	28.25negotiate under chapter 179A.
906		-	28.26 EFFECTIVE DATE.This section is effective the day following final enactment.
907		-	28.27Sec. 12. Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to read:
908		-	28.28 Subd. 24.Remote reassessments.(a) Assessments performed according to subdivisions
909		-	28.2917 to 20 and 23 must be in person unless the assessment is a reassessment meeting the
910		-	28.30requirements of this subdivision. Remote reassessments conducted by interactive video or
911		-	28.31telephone may substitute for in-person reassessments.
912		-	28.32 (b) For services provided by the developmental disabilities waiver under section
913		-	28.33256B.092, and the community access for disability inclusion, community alternative care,
914		-	28Article 2 Sec. 12.
915		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 29.1and brain injury waiver programs under section 256B.49, remote reassessments may be
916		-	29.2substituted for two four consecutive reassessments if followed by an in-person reassessment.
917		-	29.3 (c) For services provided by alternative care under section 256B.0913, essential
918		-	29.4community supports under section 256B.0922, and the elderly waiver under chapter 256S,
919		-	29.5remote reassessments may be substituted for one reassessment if followed by an in-person
920		-	29.6reassessment.
921		-	29.7 (d) For personal care assistance provided under section 256B.0659 and community first
922		-	29.8services and supports provided under section 256B.85, remote reassessments may be
923		-	29.9substituted for two consecutive reassessments if followed by an in-person reassessment.
924		-	29.10 (e) A remote reassessment is permitted only if the lead agency provides informed choice
925		-	29.11and the person being reassessed or the person's legal representative provides informed
926		-	29.12consent for a remote assessment. Lead agencies must document that informed choice was
927		-	29.13offered.
928		-	29.14 (f) The person being reassessed, or the person's legal representative, may refuse a remote
929		-	29.15reassessment at any time.
930		-	29.16 (g) During a remote reassessment, if the certified assessor determines an in-person
931		-	29.17reassessment is necessary in order to complete the assessment, the lead agency shall schedule
932		-	29.18an in-person reassessment.
933		-	29.19 (h) All other requirements of an in-person reassessment apply to a remote reassessment,
934		-	29.20including updates to a person's support plan.
935		-	29.21Sec. 13. Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
936		-	29.22to read:
937		-	29.23 Subd. 24a.Verbal attestation to replace required reassessment signatures.Effective
938		-	29.24January 1, 2026, or upon federal approval, whichever is later, the commissioner shall allow
939		-	29.25for verbal attestation to replace required reassessment signatures.
940		-	29.26 EFFECTIVE DATE.This section is effective the day following final enactment.
941		-	29.27Sec. 14. Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
942		-	29.28to read:
943		-	29.29 Subd. 25a.Attesting to no changes in needs or services.(a) A person who is 22 to 64
944		-	29.30years of age and receiving home and community-based waiver services under the
945		-	29.31developmental disabilities waiver program under section 256B.092; community access for
946		-	29Article 2 Sec. 14.
947		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 30.1disability inclusion, community alternative care, and brain injury waiver programs under
948		-	30.2section 256B.49; and community first services and supports under section 256B.85 may
949		-	30.3attest that the person has unchanged needs from the most recent prior assessment or
950		-	30.4reassessment for up to two consecutive reassessments, if the lead agency provides informed
951		-	30.5choice and the person being reassessed or the person's legal representative provides informed
952		-	30.6consent. Lead agencies must document that informed choice was offered.
953		-	30.7 (b) The person or person's legal representative must attest, verbally or through alternative
954		-	30.8communications, that the information provided in the previous assessment or reassessment
955		-	30.9is still accurate and applicable and that no changes in the person's circumstances have
956		-	30.10occurred that would require changes from the most recent prior assessment or reassessment.
957		-	30.11The person or the person's legal representative may request a full reassessment at any time.
958		-	30.12 (c) The assessor must review the most recent prior assessment or reassessment as required
959		-	30.13in subdivision 22, paragraphs (a) and (b), clause (1), before conducting the interview. The
960		-	30.14certified assessor must confirm that the information from the previous assessment or
961		-	30.15reassessment is current.
962		-	30.16 (d) The assessment conducted under this section must:
963		-	30.17 (1) verify current assessed support needs;
964		-	30.18 (2) confirm continued need for the currently assessed level of care;
965		-	30.19 (3) inform the person of alternative long-term services and supports available;
966		-	30.20 (4) provide informed choice of institutional or home and community-based services;
967		-	30.21and
968		-	30.22 (5) identify changes in need that may require a full reassessment.
969		-	30.23 (e) The assessor must ensure that any new assessment items or requirements mandated
970		-	30.24by federal or state authority are addressed and the person must provide required information.
971		-	30.25Sec. 15. Minnesota Statutes 2024, section 256B.0911, subdivision 26, is amended to read:
972		-	30.26 Subd. 26.Determination of institutional level of care.(a) The determination of need
973		-	30.27for hospital and intermediate care facility levels of care must be made according to criteria
974		-	30.28developed by the commissioner, and in section 256B.092, using forms developed by the
975		-	30.29commissioner.
976		-	30.30 (b) The determination of need for nursing facility level of care must be made based on
977		-	30.31criteria in section 144.0724, subdivision 11. This paragraph expires upon the effective date
978		-	30.32of paragraph (c).
979		-	30Article 2 Sec. 15.
980		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 31.1 (c) Effective January 1, 2026, or upon federal approval, whichever is later, the
981		-	31.2determination of need for nursing facility level of care must be made based on criteria in
982		-	31.3section 144.0724, subdivision 11, except for determinations of need for purposes of the
983		-	31.4brain injury and community access for disability inclusion waivers under section 256B.49.
984		-	31.5Determinations of need for the brain injury and community access for disability inclusion
985		-	31.6waivers must be made based on criteria in section 144.0724, subdivision 11a.
986		-	31.7 EFFECTIVE DATE.This section is effective the day following final enactment.
987		-	31.8 Sec. 16. Minnesota Statutes 2024, section 256B.0924, subdivision 6, is amended to read:
988		-	31.9 Subd. 6.Payment for targeted case management.(a) Medical assistance and
989		-	31.10MinnesotaCare payment for targeted case management shall be made on a monthly basis.
990		-	31.11In order to receive payment for an eligible adult, the provider must document at least one
991		-	31.12contact per month and not more than two consecutive months without a face-to-face contact
992		-	31.13either in person or by interactive video that meets the requirements in section 256B.0625,
993		-	31.14subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
994		-	31.15or other relevant persons identified as necessary to the development or implementation of
995		-	31.16the goals of the personal service plan.
996		-	31.17 (b) Except as provided under paragraph (m), payment for targeted case management
997		-	31.18provided by county staff under this subdivision shall be based on the monthly rate
998		-	31.19methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
999		-	31.20combined average rate together with adult mental health case management under section
1000		-	31.21256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate
1001		-	31.22for case management under this section shall be the same as the rate for adult mental health
1002		-	31.23case management in effect as of December 31, 2001. Billing and payment must identify the
1003		-	31.24recipient's primary population group to allow tracking of revenues.
1004		-	31.25 (c) Payment for targeted case management provided by county-contracted vendors shall
1005		-	31.26be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
1006		-	31.27The rate must not exceed the rate charged by the vendor for the same service to other payers.
1007		-	31.28If the service is provided by a team of contracted vendors, the team shall determine how to
1008		-	31.29distribute the rate among its members. No reimbursement received by contracted vendors
1009		-	31.30shall be returned to the county, except to reimburse the county for advance funding provided
1010		-	31.31by the county to the vendor.
1011		-	31.32 (d) If the service is provided by a team that includes contracted vendors and county staff,
1012		-	31.33the costs for county staff participation on the team shall be included in the rate for
1013		-	31.34county-provided services. In this case, the contracted vendor and the county may each
1014		-	31Article 2 Sec. 16.
1015		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 32.1receive separate payment for services provided by each entity in the same month. In order
1016		-	32.2to prevent duplication of services, the county must document, in the recipient's file, the need
1017		-	32.3for team targeted case management and a description of the different roles of the team
1018		-	32.4members.
1019		-	32.5 (e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
1020		-	32.6targeted case management shall be provided by the recipient's county of responsibility, as
1021		-	32.7defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
1022		-	32.8used to match other federal funds.
1023		-	32.9 (f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
1024		-	32.10that does not meet the reporting or other requirements of this section. The county of
1025		-	32.11responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal
1026		-	32.12disallowances. The county may share this responsibility with its contracted vendors.
1027		-	32.13 (g) The commissioner shall set aside five percent of the federal funds received under
1028		-	32.14this section for use in reimbursing the state for costs of developing and implementing this
1029		-	32.15section.
1030		-	32.16 (h) Payments to counties for targeted case management expenditures under this section
1031		-	32.17shall only be made from federal earnings from services provided under this section. Payments
1032		-	32.18to contracted vendors shall include both the federal earnings and the county share.
1033		-	32.19 (i) Notwithstanding section 256B.041, county payments for the cost of case management
1034		-	32.20services provided by county staff shall not be made to the commissioner of management
1035		-	32.21and budget. For the purposes of targeted case management services provided by county
1036		-	32.22staff under this section, the centralized disbursement of payments to counties under section
1037		-	32.23256B.041 consists only of federal earnings from services provided under this section.
1038		-	32.24 (j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
1039		-	32.25and the recipient's institutional care is paid by medical assistance, payment for targeted case
1040		-	32.26management services under this subdivision is limited to the lesser of:
1041		-	32.27 (1) the last 180 days of the recipient's residency in that facility; or
1042		-	32.28 (2) the limits and conditions which apply to federal Medicaid funding for this service.
1043		-	32.29 (k) Payment for targeted case management services under this subdivision shall not
1044		-	32.30duplicate payments made under other program authorities for the same purpose.
1045		-	32.31 (l) Any growth in targeted case management services and cost increases under this
1046		-	32.32section shall be the responsibility of the counties.
1047		-	32Article 2 Sec. 16.
1048		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 33.1 (m) The commissioner may make payments for Tribes according to section 256B.0625,
1049		-	33.2subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
1050		-	33.3adult and developmental disability targeted case management provided by Indian health
1051		-	33.4services and facilities operated by a Tribe or Tribal organization.
1052		-	33.5 EFFECTIVE DATE.This section is effective July 1, 2025.
1053		-	33.6 Sec. 17. Minnesota Statutes 2024, section 256B.0949, subdivision 15, is amended to read:
1054		-	33.7 Subd. 15.EIDBI provider qualifications.(a) A QSP must be employed by an employee
1055		-	33.8of an agency and be:
1056		-	33.9 (1) a licensed mental health professional who has at least 2,000 hours of supervised
1057		-	33.10clinical experience or training in examining or treating people with ASD or a related condition
1058		-	33.11or equivalent documented coursework at the graduate level by an accredited university in
1059		-	33.12ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
1060		-	33.13development; or
1061		-	33.14 (2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
1062		-	33.15clinical experience or training in examining or treating people with ASD or a related condition
1063		-	33.16or equivalent documented coursework at the graduate level by an accredited university in
1064		-	33.17the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
1065		-	33.18typical child development.
1066		-	33.19 (b) A level I treatment provider must be employed by an employee of an agency and:
1067		-	33.20 (1) have at least 2,000 hours of supervised clinical experience or training in examining
1068		-	33.21or treating people with ASD or a related condition or equivalent documented coursework
1069		-	33.22at the graduate level by an accredited university in ASD diagnostics, ASD developmental
1070		-	33.23and behavioral treatment strategies, and typical child development or an equivalent
1071		-	33.24combination of documented coursework or hours of experience; and
1072		-	33.25 (2) have or be at least one of the following:
1073		-	33.26 (i) a master's degree in behavioral health or child development or related fields including,
1074		-	33.27but not limited to, mental health, special education, social work, psychology, speech
1075		-	33.28pathology, or occupational therapy from an accredited college or university;
1076		-	33.29 (ii) a bachelor's degree in a behavioral health, child development, or related field
1077		-	33.30including, but not limited to, mental health, special education, social work, psychology,
1078		-	33.31speech pathology, or occupational therapy, from an accredited college or university, and
1079		-	33.32advanced certification in a treatment modality recognized by the department;
1080		-	33Article 2 Sec. 17.
1081		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 34.1 (iii) a board-certified behavior analyst as defined by the Behavior Analyst Certification
1082		-	34.2Board or a qualified behavior analyst as defined by the Qualified Applied Behavior Analysis
1083		-	34.3Credentialing Board; or
1084		-	34.4 (iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
1085		-	34.5experience that meets all registration, supervision, and continuing education requirements
1086		-	34.6of the certification.
1087		-	34.7 (c) A level II treatment provider must be employed by an employee of an agency and
1088		-	34.8must be:
1089		-	34.9 (1) a person who has a bachelor's degree from an accredited college or university in a
1090		-	34.10behavioral or child development science or related field including, but not limited to, mental
1091		-	34.11health, special education, social work, psychology, speech pathology, or occupational
1092		-	34.12therapy; and meets at least one of the following:
1093		-	34.13 (i) has at least 1,000 hours of supervised clinical experience or training in examining or
1094		-	34.14treating people with ASD or a related condition or equivalent documented coursework at
1095		-	34.15the graduate level by an accredited university in ASD diagnostics, ASD developmental and
1096		-	34.16behavioral treatment strategies, and typical child development or a combination of
1097		-	34.17coursework or hours of experience;
1098		-	34.18 (ii) has certification as a board-certified assistant behavior analyst from the Behavior
1099		-	34.19Analyst Certification Board or a qualified autism service practitioner from the Qualified
1100		-	34.20Applied Behavior Analysis Credentialing Board;
1101		-	34.21 (iii) is a registered behavior technician as defined by the Behavior Analyst Certification
1102		-	34.22Board or an applied behavior analysis technician as defined by the Qualified Applied
1103		-	34.23Behavior Analysis Credentialing Board; or
1104		-	34.24 (iv) is certified in one of the other treatment modalities recognized by the department;
1105		-	34.25or
1106		-	34.26 (2) a person who has:
1107		-	34.27 (i) an associate's degree in a behavioral or child development science or related field
1108		-	34.28including, but not limited to, mental health, special education, social work, psychology,
1109		-	34.29speech pathology, or occupational therapy from an accredited college or university; and
1110		-	34.30 (ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
1111		-	34.31with ASD or a related condition. Hours worked as a mental health behavioral aide or level
1112		-	34.32III treatment provider may be included in the required hours of experience; or
1113		-	34Article 2 Sec. 17.
1114		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 35.1 (3) a person who has at least 4,000 hours of supervised clinical experience in delivering
1115		-	35.2treatment to people with ASD or a related condition. Hours worked as a mental health
1116		-	35.3behavioral aide or level III treatment provider may be included in the required hours of
1117		-	35.4experience; or
1118		-	35.5 (4) a person who is a graduate student in a behavioral science, child development science,
1119		-	35.6or related field and is receiving clinical supervision by a QSP affiliated with an agency to
1120		-	35.7meet the clinical training requirements for experience and training with people with ASD
1121		-	35.8or a related condition; or
1122		-	35.9 (5) a person who is at least 18 years of age and who:
1123		-	35.10 (i) is fluent in a non-English language or is an individual certified by a Tribal Nation;
1124		-	35.11 (ii) completed the level III EIDBI training requirements; and
1125		-	35.12 (iii) receives observation and direction from a QSP or level I treatment provider at least
1126		-	35.13once a week until the person meets 1,000 hours of supervised clinical experience.
1127		-	35.14 (d) A level III treatment provider must be employed by en employee of an agency, have
1128		-	35.15completed the level III training requirement, be at least 18 years of age, and have at least
1129		-	35.16one of the following:
1130		-	35.17 (1) a high school diploma or commissioner of education-selected high school equivalency
1131		-	35.18certification;
1132		-	35.19 (2) fluency in a non-English language or Tribal Nation certification;
1133		-	35.20 (3) one year of experience as a primary personal care assistant, community health worker,
1134		-	35.21waiver service provider, or special education assistant to a person with ASD or a related
1135		-	35.22condition within the previous five years; or
1136		-	35.23 (4) completion of all required EIDBI training within six months of employment.
1137		-	35.24 EFFECTIVE DATE.This section is effective the day following final enactment.
1138		-	35.25Sec. 18. Minnesota Statutes 2024, section 256B.0949, subdivision 16, is amended to read:
1139		-	35.26 Subd. 16.Agency duties.(a) An agency delivering an EIDBI service under this section
1140		-	35.27must:
1141		-	35.28 (1) enroll as a medical assistance Minnesota health care program provider according to
1142		-	35.29Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
1143		-	35.30applicable provider standards and requirements;
1144		-	35.31 (2) demonstrate compliance with federal and state laws for EIDBI service;
1145		-	35Article 2 Sec. 18.
1146		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 36.1 (3) verify and maintain records of a service provided to the person or the person's legal
1147		-	36.2representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
1148		-	36.3 (4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
1149		-	36.4program provider the agency did not have a lead agency contract or provider agreement
1150		-	36.5discontinued because of a conviction of fraud; or did not have an owner, board member, or
1151		-	36.6manager fail a state or federal criminal background check or appear on the list of excluded
1152		-	36.7individuals or entities maintained by the federal Department of Human Services Office of
1153		-	36.8Inspector General;
1154		-	36.9 (5) have established business practices including written policies and procedures, internal
1155		-	36.10controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
1156		-	36.11services;
1157		-	36.12 (6) have an office located in Minnesota or a border state;
1158		-	36.13 (7) conduct a criminal background check on an individual who has direct contact with
1159		-	36.14the person or the person's legal representative;
1160		-	36.15 (8) report maltreatment according to section 626.557 and chapter 260E;
1161		-	36.16 (9) comply with any data requests consistent with the Minnesota Government Data
1162		-	36.17Practices Act, sections 256B.064 and 256B.27;
1163		-	36.18 (10) provide training for all agency staff on the requirements and responsibilities listed
1164		-	36.19in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
1165		-	36.20section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
1166		-	36.21policy for all staff on how to report suspected abuse and neglect;
1167		-	36.22 (11) have a written policy to resolve issues collaboratively with the person and the
1168		-	36.23person's legal representative when possible. The policy must include a timeline for when
1169		-	36.24the person and the person's legal representative will be notified about issues that arise in
1170		-	36.25the provision of services;
1171		-	36.26 (12) provide the person's legal representative with prompt notification if the person is
1172		-	36.27injured while being served by the agency. An incident report must be completed by the
1173		-	36.28agency staff member in charge of the person. A copy of all incident and injury reports must
1174		-	36.29remain on file at the agency for at least five years from the report of the incident; and
1175		-	36.30 (13) before starting a service, provide the person or the person's legal representative a
1176		-	36.31description of the treatment modality that the person shall receive, including the staffing
1177		-	36.32certification levels and training of the staff who shall provide a treatment.;
1178		-	36Article 2 Sec. 18.
1179		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 37.1 (14) provide clinical supervision by a qualified supervising professional for a minimum
1180		-	37.2of one hour of supervision for every ten hours of direct treatment per person that meets
1181		-	37.3clinical licensure requirements for quality supervision and effective intervention; and
1182		-	37.4 (15) provide clinical, in-person supervision sessions by a qualified supervising
1183		-	37.5professional at least once per month for intervention, observation, and direction.
1184		-	37.6 (b) When delivering the ITP, and annually thereafter, an agency must provide the person
1185		-	37.7or the person's legal representative with:
1186		-	37.8 (1) a written copy and a verbal explanation of the person's or person's legal
1187		-	37.9representative's rights and the agency's responsibilities;
1188		-	37.10 (2) documentation in the person's file the date that the person or the person's legal
1189		-	37.11representative received a copy and explanation of the person's or person's legal
1190		-	37.12representative's rights and the agency's responsibilities; and
1191		-	37.13 (3) reasonable accommodations to provide the information in another format or language
1192		-	37.14as needed to facilitate understanding of the person's or person's legal representative's rights
1193		-	37.15and the agency's responsibilities.
1194		-	37.16Sec. 19. Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
1195		-	37.17to read:
1196		-	37.18 Subd. 18.Provisional licensure.Beginning on January 1, 2026, the commissioner shall
1197		-	37.19begin issuing provisional licenses to enrolled EIDBI agencies pursuant to section 245A.142.
1198		-	37.20Sec. 20. Minnesota Statutes 2024, section 256B.19, subdivision 1, is amended to read:
1199		-	37.21 Subdivision 1.Division of cost.The state and county share of medical assistance costs
1200		-	37.22not paid by federal funds shall be as follows:
1201		-	37.23 (1) beginning January 1, 1992, 50 percent state funds and 50 percent county funds for
1202		-	37.24the cost of placement of severely emotionally disturbed children in regional treatment
1203		-	37.25centers;
1204		-	37.26 (2) beginning January 1, 2003, 80 percent state funds and 20 percent county funds for
1205		-	37.27the costs of nursing facility placements of persons with disabilities under the age of 65 that
1206		-	37.28have exceeded 90 days. This clause shall be subject to chapter 256G and shall not apply to
1207		-	37.29placements in facilities not certified to participate in medical assistance;
1208		-	37.30 (3) beginning July 1, 2004, 90 percent state funds and ten percent county funds for the
1209		-	37.31costs of placements that have exceeded 90 days in intermediate care facilities for persons
1210		-	37Article 2 Sec. 20.
1211		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 38.1with developmental disabilities that have seven or more beds. This provision includes
1212		-	38.2pass-through payments made under section 256B.5015; and
1213		-	38.3 (4) beginning July 1, 2004, when state funds are used to pay for a nursing facility
1214		-	38.4placement due to the facility's status as an institution for mental diseases (IMD), the county
1215		-	38.5shall pay 20 percent of the nonfederal share of costs that have exceeded 90 days. This clause
1216		-	38.6is subject to chapter 256G.
1217		-	38.7 For counties that participate in a Medicaid demonstration project under sections 256B.69
1218		-	38.8and 256B.71, the division of the nonfederal share of medical assistance expenses for
1219		-	38.9payments made to prepaid health plans or for payments made to health maintenance
1220		-	38.10organizations in the form of prepaid capitation payments, this division of medical assistance
1221		-	38.11expenses shall be 95 percent by the state and five percent by the county of financial
1222		-	38.12responsibility.
1223		-	38.13 In counties where prepaid health plans are under contract to the commissioner to provide
1224		-	38.14services to medical assistance recipients, the cost of court ordered treatment ordered without
1225		-	38.15consulting the prepaid health plan that does not include diagnostic evaluation,
1226		-	38.16recommendation, and referral for treatment by the prepaid health plan is the responsibility
1227		-	38.17of the county of financial responsibility; and
1228		-	38.18 (5) beginning July 1, 2026, or upon federal approval, whichever is later, 67 percent state
1229		-	38.19funds and 33 percent county funds for the costs of services for all individual waiver recipients
1230		-	38.20who receive rates determined under section 256B.4914, subdivision 14.
1231		-	38.21Sec. 21. Minnesota Statutes 2024, section 256B.4914, subdivision 3, is amended to read:
1232		-	38.22 Subd. 3.Applicable services.(a) Applicable services are those authorized under the
1233		-	38.23state's home and community-based services waivers under sections 256B.092 and 256B.49,
1234		-	38.24including the following, as defined in the federally approved home and community-based
1235		-	38.25services plan:
1236		-	38.26 (1) 24-hour customized living;
1237		-	38.27 (2) adult day services;
1238		-	38.28 (3) adult day services bath;
1239		-	38.29 (4) community residential services;
1240		-	38.30 (5) customized living;
1241		-	38.31 (6) day support services;
1242		-	38Article 2 Sec. 21.
1243		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 39.1 (7) employment development services;
1244		-	39.2 (8) employment exploration services;
1245		-	39.3 (9) employment support services;
1246		-	39.4 (10) family residential services;
1247		-	39.5 (11) individualized home supports;
1248		-	39.6 (12) individualized home supports with family training;
1249		-	39.7 (13) individualized home supports with training;
1250		-	39.8 (14) integrated community supports;
1251		-	39.9 (15) life sharing;
1252		-	39.10 (16) effective until the effective date of clauses (17) and (18), night supervision;
1253		-	39.11 (17) effective January 1, 2026, or upon federal approval, whichever is later, awake night
1254		-	39.12supervision;
1255		-	39.13 (18) effective January 1, 2026, or upon federal approval, whichever is later, asleep night
1256		-	39.14supervision;
1257		-	39.15 (17) (19) positive support services;
1258		-	39.16 (18) (20) prevocational services;
1259		-	39.17 (19) (21) residential support services;
1260		-	39.18 (20) (22) respite services;
1261		-	39.19 (21) (23) transportation services; and
1262		-	39.20 (22) (24) other services as approved by the federal government in the state home and
1263		-	39.21community-based services waiver plan.
1264		-	39.22 (b) Effective January 1, 2024, or upon federal approval, whichever is later, respite
1265		-	39.23services under paragraph (a), clause (20) (22), are not an applicable service under this
1266		-	39.24section.
1267		-	39.25 EFFECTIVE DATE.This section is effective the day following final enactment, except
1268		-	39.26that the amendments to paragraph (b) are effective January 1, 2026, or upon federal approval,
1269		-	39.27whichever is later. The commissioner of human services shall notify the revisor of statutes
1270		-	39.28when federal approval is obtained.
1271		-	39Article 2 Sec. 21.
1272		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 40.1 Sec. 22. Minnesota Statutes 2024, section 256B.4914, subdivision 5, is amended to read:
1273		-	40.2 Subd. 5.Base wage index; establishment and updates.(a) The base wage index is
1274		-	40.3established to determine staffing costs associated with providing services to individuals
1275		-	40.4receiving home and community-based services. For purposes of calculating the base wage,
1276		-	40.5Minnesota-specific wages taken from job descriptions and standard occupational
1277		-	40.6classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational
1278		-	40.7Handbook must be used.
1279		-	40.8 (b) The commissioner shall update the base wage index in subdivision 5a, publish these
1280		-	40.9updated values, and load them into the rate management system as follows: required under
1281		-	40.10subdivision 5b.
1282		-	40.11 (1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics
1283		-	40.12available as of December 31, 2019;
1284		-	40.13 (2) on January 1, 2024, based on wage data by SOC from the Bureau of Labor Statistics
1285		-	40.14published in March 2022; and
1286		-	40.15 (3) on January 1, 2026, and every two years thereafter, based on wage data by SOC from
1287		-	40.16the Bureau of Labor Statistics published in the spring approximately 21 months prior to the
1288		-	40.17scheduled update.
1289		-	40.18 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1290		-	40.19whichever is later. The commissioner of human services shall notify the revisor of statutes
1291		-	40.20when federal approval is obtained.
1292		-	40.21Sec. 23. Minnesota Statutes 2024, section 256B.4914, subdivision 5a, is amended to read:
1293		-	40.22 Subd. 5a.Base wage index; calculations.The base wage index must be calculated as
1294		-	40.23follows:
1295		-	40.24 (1) for supervisory staff, 100 percent of the median wage for community and social
1296		-	40.25services specialist (SOC code 21-1099), with the exception of the supervisor of positive
1297		-	40.26supports professional, positive supports analyst, and positive supports specialist, which is
1298		-	40.27100 percent of the median wage for clinical counseling and school psychologist (SOC code
1299		-	40.2819-3031);
1300		-	40.29 (2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC
1301		-	40.30code 29-1141);
1302		-	40.31 (3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical
1303		-	40.32nurses (SOC code 29-2061);
1304		-	40Article 2 Sec. 23.
1305		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 41.1 (4) for residential asleep-overnight staff, the minimum wage in Minnesota for large
1306		-	41.2employers;
1307		-	41.3 (5) for residential direct care staff, the sum of:
1308		-	41.4 (i) 15 percent of the subtotal of 50 percent of the median wage for home health and
1309		-	41.5personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
1310		-	41.6(SOC code 31-1131); and 20 percent of the median wage for social and human services
1311		-	41.7aide (SOC code 21-1093); and
1312		-	41.8 (ii) 85 percent of the subtotal of 40 percent of the median wage for home health and
1313		-	41.9personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
1314		-	41.10(SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code
1315		-	41.1129-2053); and 20 percent of the median wage for social and human services aide (SOC code
1316		-	41.1221-1093);
1317		-	41.13 (6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC
1318		-	41.14code 31-1131); and 30 percent of the median wage for home health and personal care aide
1319		-	41.15(SOC code 31-1120);
1320		-	41.16 (7) for day support services staff and prevocational services staff, 20 percent of the
1321		-	41.17median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for
1322		-	41.18psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social
1323		-	41.19and human services aide (SOC code 21-1093);
1324		-	41.20 (8) for positive supports analyst staff, 100 percent of the median wage for substance
1325		-	41.21abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);
1326		-	41.22 (9) for positive supports professional staff, 100 percent of the median wage for clinical
1327		-	41.23counseling and school psychologist (SOC code 19-3031);
1328		-	41.24 (10) for positive supports specialist staff, 100 percent of the median wage for psychiatric
1329		-	41.25technicians (SOC code 29-2053);
1330		-	41.26 (11) for individualized home supports with family training staff, 20 percent of the median
1331		-	41.27wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community
1332		-	41.28social service specialist (SOC code 21-1099); 40 percent of the median wage for social and
1333		-	41.29human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
1334		-	41.30technician (SOC code 29-2053);
1335		-	41.31 (12) for individualized home supports with training services staff, 40 percent of the
1336		-	41.32median wage for community social service specialist (SOC code 21-1099); 50 percent of
1337		-	41Article 2 Sec. 23.
1338		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 42.1the median wage for social and human services aide (SOC code 21-1093); and ten percent
1339		-	42.2of the median wage for psychiatric technician (SOC code 29-2053);
1340		-	42.3 (13) for employment support services staff, 50 percent of the median wage for
1341		-	42.4rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
1342		-	42.5community and social services specialist (SOC code 21-1099);
1343		-	42.6 (14) for employment exploration services staff, 50 percent of the median wage for
1344		-	42.7education, guidance, school, and vocational counselor (SOC code 21-1012); and 50 percent
1345		-	42.8of the median wage for community and social services specialist (SOC code 21-1099);
1346		-	42.9 (15) for employment development services staff, 50 percent of the median wage for
1347		-	42.10education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
1348		-	42.11of the median wage for community and social services specialist (SOC code 21-1099);
1349		-	42.12 (16) for individualized home support without training staff, 50 percent of the median
1350		-	42.13wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the
1351		-	42.14median wage for nursing assistant (SOC code 31-1131); and
1352		-	42.15 (17) effective until the effective date of clauses (18) and (19), for night supervision staff,
1353		-	42.1640 percent of the median wage for home health and personal care aide (SOC code 31-1120);
1354		-	42.1720 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the
1355		-	42.18median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median
1356		-	42.19wage for social and human services aide (SOC code 21-1093).;
1357		-	42.20 (18) effective January 1, 2026, or upon federal approval, whichever is later, for awake
1358		-	42.21night supervision staff, 40 percent of the median wage for home health and personal care
1359		-	42.22aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code
1360		-	42.2331-1131); 20 percent the median wage for psychiatric technician (SOC code 29-2053); and
1361		-	42.2420 percent of the median wage for social and human services aid (SOC code 21-1093); and
1362		-	42.25 (19) effective January 1, 2026, or upon federal approval, whichever is later, for asleep
1363		-	42.26night supervision staff, the minimum wage in Minnesota for large employers.
1364		-	42.27 EFFECTIVE DATE.This section is effective the day following final enactment.
1365		-	42.28Sec. 24. Minnesota Statutes 2024, section 256B.4914, subdivision 5b, is amended to read:
1366		-	42.29 Subd. 5b.Standard component value adjustments.The commissioner shall update
1367		-	42.30the base wage index, client and programming support, transportation, and program facility
1368		-	42.31cost component values as required in subdivisions 5a and 6 to 9 and the rates identified in
1369		-	42.32subdivision 19 for changes in the Consumer Price Index. If the result of this update exceeds
1370		-	42Article 2 Sec. 24.
1371		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 43.1four percent, the commissioner shall implement a change to these component values of four
1372		-	43.2percent. If the result of this update is less than four percent, the commissioner shall implement
1373		-	43.3the full value of the change. The commissioner shall adjust these values higher or lower,
1374		-	43.4publish these updated values, and load them into the rate management system as follows:
1375		-	43.5 (1) on January 1, 2022, by the percentage change in the CPI-U from the date of the
1376		-	43.6previous update to the data available on December 31, 2019;
1377		-	43.7 (2) on January 1, 2024, by the percentage change in the CPI-U from the date of the
1378		-	43.8previous update to the data available as of December 31, 2022; and
1379		-	43.9 (3) on January 1, 2026, and every two years thereafter, by the percentage change in the
1380		-	43.10CPI-U from the date of the previous update to the data available 24 months and one day
1381		-	43.11prior to the scheduled update.
1382		-	43.12 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1383		-	43.13whichever is later. The commissioner of human services shall notify the revisor of statutes
1384		-	43.14when federal approval is obtained.
1385		-	43.15Sec. 25. Minnesota Statutes 2024, section 256B.4914, subdivision 6a, is amended to read:
1386		-	43.16 Subd. 6a.Community residential services; component values and calculation of
1387		-	43.17payment rates.(a) Component values for community residential services are:
1388		-	43.18 (1) competitive workforce factor: 6.7 percent;
1389		-	43.19 (2) supervisory span of control ratio: 11 percent;
1390		-	43.20 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
1391		-	43.21 (4) employee-related cost ratio: 23.6 percent;
1392		-	43.22 (5) general administrative support ratio: 13.25 percent; and
1393		-	43.23 (6) program-related expense ratio: 1.3 percent; and.
1394		-	43.24 (7) absence and utilization factor ratio: 3.9 percent.
1395		-	43.25 (b) Payments for community residential services must be calculated as follows:
1396		-	43.26 (1) determine the number of shared direct staffing and individual direct staffing hours
1397		-	43.27to meet a recipient's needs provided on site or through monitoring technology;
1398		-	43.28 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
1399		-	43.29provided in subdivisions 5 and 5a;
1400		-	43Article 2 Sec. 25.
1401		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 44.1 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
1402		-	44.2product of one plus the competitive workforce factor;
1403		-	44.3 (4) for a recipient requiring customization for deaf and hard-of-hearing language
1404		-	44.4accessibility under subdivision 12, add the customization rate provided in subdivision 12
1405		-	44.5to the result of clause (3);
1406		-	44.6 (5) multiply the number of shared direct staffing and individual direct staffing hours
1407		-	44.7provided on site or through monitoring technology and nursing hours by the appropriate
1408		-	44.8staff wages;
1409		-	44.9 (6) multiply the number of shared direct staffing and individual direct staffing hours
1410		-	44.10provided on site or through monitoring technology and nursing hours by the product of the
1411		-	44.11supervision span of control ratio and the appropriate supervisory staff wage in subdivision
1412		-	44.125a, clause (1);
1413		-	44.13 (7) combine the results of clauses (5) and (6), excluding any shared direct staffing and
1414		-	44.14individual direct staffing hours provided through monitoring technology, and multiply the
1415		-	44.15result by one plus the employee vacation, sick, and training allowance ratio. This is defined
1416		-	44.16as the direct staffing cost;
1417		-	44.17 (8) for employee-related expenses, multiply the direct staffing cost, excluding any shared
1418		-	44.18direct staffing and individual hours provided through monitoring technology, by one plus
1419		-	44.19the employee-related cost ratio;
1420		-	44.20 (9) for client programming and supports, add $2,260.21 divided by 365. The
1421		-	44.21commissioner shall update the amount in this clause as specified in subdivision 5b;
1422		-	44.22 (10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided
1423		-	44.23by 365 if customized for adapted transport, based on the resident with the highest assessed
1424		-	44.24need. The commissioner shall update the amounts in this clause as specified in subdivision
1425		-	44.255b;
1426		-	44.26 (11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing
1427		-	44.27and individual direct staffing hours provided through monitoring technology that was
1428		-	44.28excluded in clause (8);
1429		-	44.29 (12) sum the standard general administrative support ratio, and the program-related
1430		-	44.30expense ratio, and the absence and utilization factor ratio;
1431		-	44.31 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
1432		-	44.32total payment amount; and
1433		-	44Article 2 Sec. 25.
1434		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 45.1 (14) adjust the result of clause (13) by a factor to be determined by the commissioner
1435		-	45.2to adjust for regional differences in the cost of providing services.
1436		-	45.3 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1437		-	45.4whichever is later. The commissioner of human services shall notify the revisor of statutes
1438		-	45.5when federal approval is obtained.
1439		-	45.6 Sec. 26. Minnesota Statutes 2024, section 256B.4914, subdivision 6b, is amended to read:
1440		-	45.7 Subd. 6b.Family residential services; component values and calculation of payment
1441		-	45.8rates.(a) Component values for family residential services are:
1442		-	45.9 (1) competitive workforce factor: 6.7 percent;
1443		-	45.10 (2) supervisory span of control ratio: 11 percent;
1444		-	45.11 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
1445		-	45.12 (4) employee-related cost ratio: 23.6 percent;
1446		-	45.13 (5) general administrative support ratio: 3.3 percent; and
1447		-	45.14 (6) program-related expense ratio: 1.3 percent; and.
1448		-	45.15 (7) absence factor: 1.7 percent.
1449		-	45.16 (b) Payments for family residential services must be calculated as follows:
1450		-	45.17 (1) determine the number of shared direct staffing and individual direct staffing hours
1451		-	45.18to meet a recipient's needs provided on site or through monitoring technology;
1452		-	45.19 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
1453		-	45.20provided in subdivisions 5 and 5a;
1454		-	45.21 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
1455		-	45.22product of one plus the competitive workforce factor;
1456		-	45.23 (4) for a recipient requiring customization for deaf and hard-of-hearing language
1457		-	45.24accessibility under subdivision 12, add the customization rate provided in subdivision 12
1458		-	45.25to the result of clause (3);
1459		-	45.26 (5) multiply the number of shared direct staffing and individual direct staffing hours
1460		-	45.27provided on site or through monitoring technology and nursing hours by the appropriate
1461		-	45.28staff wages;
1462		-	45.29 (6) multiply the number of shared direct staffing and individual direct staffing hours
1463		-	45.30provided on site or through monitoring technology and nursing hours by the product of the
1464		-	45Article 2 Sec. 26.
1465		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 46.1supervisory span of control ratio and the appropriate supervisory staff wage in subdivision
1466		-	46.25a, clause (1);
1467		-	46.3 (7) combine the results of clauses (5) and (6), excluding any shared direct staffing and
1468		-	46.4individual direct staffing hours provided through monitoring technology, and multiply the
1469		-	46.5result by one plus the employee vacation, sick, and training allowance ratio. This is defined
1470		-	46.6as the direct staffing cost;
1471		-	46.7 (8) for employee-related expenses, multiply the direct staffing cost, excluding any shared
1472		-	46.8and individual direct staffing hours provided through monitoring technology, by one plus
1473		-	46.9the employee-related cost ratio;
1474		-	46.10 (9) for client programming and supports, add $2,260.21 divided by 365. The
1475		-	46.11commissioner shall update the amount in this clause as specified in subdivision 5b;
1476		-	46.12 (10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided
1477		-	46.13by 365 if customized for adapted transport, based on the resident with the highest assessed
1478		-	46.14need. The commissioner shall update the amounts in this clause as specified in subdivision
1479		-	46.155b;
1480		-	46.16 (11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing
1481		-	46.17and individual direct staffing hours provided through monitoring technology that was
1482		-	46.18excluded in clause (8);
1483		-	46.19 (12) sum the standard general administrative support ratio, and the program-related
1484		-	46.20expense ratio, and the absence and utilization factor ratio;
1485		-	46.21 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
1486		-	46.22total payment rate; and
1487		-	46.23 (14) adjust the result of clause (13) by a factor to be determined by the commissioner
1488		-	46.24to adjust for regional differences in the cost of providing services.
1489		-	46.25 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1490		-	46.26whichever is later. The commissioner of human services shall notify the revisor of statutes
1491		-	46.27when federal approval is obtained.
1492		-	46.28Sec. 27. Minnesota Statutes 2024, section 256B.4914, subdivision 6c, is amended to read:
1493		-	46.29 Subd. 6c.Integrated community supports; component values and calculation of
1494		-	46.30payment rates.(a) Component values for integrated community supports are:
1495		-	46.31 (1) competitive workforce factor: 6.7 percent;
1496		-	46Article 2 Sec. 27.
1497		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 47.1 (2) supervisory span of control ratio: 11 percent;
1498		-	47.2 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
1499		-	47.3 (4) employee-related cost ratio: 23.6 percent;
1500		-	47.4 (5) general administrative support ratio: 13.25 percent; and
1501		-	47.5 (6) program-related expense ratio: 1.3 percent; and.
1502		-	47.6 (7) absence and utilization factor ratio: 3.9 percent.
1503		-	47.7 (b) Payments for integrated community supports must be calculated as follows:
1504		-	47.8 (1) determine the number of shared direct staffing and individual direct staffing hours
1505		-	47.9to meet a recipient's needs. The base shared direct staffing hours must be eight hours divided
1506		-	47.10by the number of people receiving support in the integrated community support setting, and
1507		-	47.11the individual direct staffing hours must be the average number of direct support hours
1508		-	47.12provided directly to the service recipient;
1509		-	47.13 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
1510		-	47.14provided in subdivisions 5 and 5a;
1511		-	47.15 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
1512		-	47.16product of one plus the competitive workforce factor;
1513		-	47.17 (4) for a recipient requiring customization for deaf and hard-of-hearing language
1514		-	47.18accessibility under subdivision 12, add the customization rate provided in subdivision 12
1515		-	47.19to the result of clause (3);
1516		-	47.20 (5) multiply the number of shared direct staffing and individual direct staffing hours in
1517		-	47.21clause (1) by the appropriate staff wages;
1518		-	47.22 (6) multiply the number of shared direct staffing and individual direct staffing hours in
1519		-	47.23clause (1) by the product of the supervisory span of control ratio and the appropriate
1520		-	47.24supervisory staff wage in subdivision 5a, clause (1);
1521		-	47.25 (7) combine the results of clauses (5) and (6) and multiply the result by one plus the
1522		-	47.26employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
1523		-	47.27cost;
1524		-	47.28 (8) for employee-related expenses, multiply the direct staffing cost by one plus the
1525		-	47.29employee-related cost ratio;
1526		-	47.30 (9) for client programming and supports, add $2,260.21 divided by 365. The
1527		-	47.31commissioner shall update the amount in this clause as specified in subdivision 5b;
1528		-	47Article 2 Sec. 27.
1529		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 48.1 (10) add the results of clauses (8) and (9);
1530		-	48.2 (11) add the standard general administrative support ratio, and the program-related
1531		-	48.3expense ratio, and the absence and utilization factor ratio;
1532		-	48.4 (12) divide the result of clause (10) by one minus the result of clause (11). This is the
1533		-	48.5total payment amount; and
1534		-	48.6 (13) adjust the result of clause (12) by a factor to be determined by the commissioner
1535		-	48.7to adjust for regional differences in the cost of providing services.
1536		-	48.8 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1537		-	48.9whichever is later. The commissioner of human services shall notify the revisor of statutes
1538		-	48.10when federal approval is obtained.
1539		-	48.11Sec. 28. Minnesota Statutes 2024, section 256B.4914, subdivision 8, is amended to read:
1540		-	48.12 Subd. 8. Unit-based services with programming; component values and calculation
1541		-	48.13of payment rates.(a) For the purpose of this section, unit-based services with programming
1542		-	48.14include employment exploration services, employment development services, employment
1543		-	48.15support services, individualized home supports with family training, individualized home
1544		-	48.16supports with training, and positive support services provided to an individual outside of
1545		-	48.17any service plan for a day program or residential support service.
1546		-	48.18 (b) Component values for unit-based services with programming are:
1547		-	48.19 (1) competitive workforce factor: 6.7 percent;
1548		-	48.20 (2) supervisory span of control ratio: 11 percent;
1549		-	48.21 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
1550		-	48.22 (4) employee-related cost ratio: 23.6 percent;
1551		-	48.23 (5) program plan support ratio: 15.5 percent;
1552		-	48.24 (6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
1553		-	48.255b;
1554		-	48.26 (7) general administrative support ratio: 13.25 percent;
1555		-	48.27 (8) program-related expense ratio: 6.1 percent; and
1556		-	48.28 (9) absence and utilization factor ratio: 3.9 percent.
1557		-	48.29 (c) A unit of service for unit-based services with programming is 15 minutes.
1558		-	48Article 2 Sec. 28.
1559		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 49.1 (d) Payments for unit-based services with programming must be calculated as follows,
1560		-	49.2unless the services are reimbursed separately as part of a residential support services or day
1561		-	49.3program payment rate:
1562		-	49.4 (1) determine the number of units of service to meet a recipient's needs;
1563		-	49.5 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
1564		-	49.6provided in subdivisions 5 and 5a;
1565		-	49.7 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
1566		-	49.8product of one plus the competitive workforce factor;
1567		-	49.9 (4) for a recipient requiring customization for deaf and hard-of-hearing language
1568		-	49.10accessibility under subdivision 12, add the customization rate provided in subdivision 12
1569		-	49.11to the result of clause (3);
1570		-	49.12 (5) multiply the number of direct staffing hours by the appropriate staff wage;
1571		-	49.13 (6) multiply the number of direct staffing hours by the product of the supervisory span
1572		-	49.14of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
1573		-	49.15 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
1574		-	49.16employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
1575		-	49.17rate;
1576		-	49.18 (8) for program plan support, multiply the result of clause (7) by one plus the program
1577		-	49.19plan support ratio;
1578		-	49.20 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
1579		-	49.21employee-related cost ratio;
1580		-	49.22 (10) for client programming and supports, multiply the result of clause (9) by one plus
1581		-	49.23the client programming and support ratio;
1582		-	49.24 (11) this is the subtotal rate;
1583		-	49.25 (12) sum the standard general administrative support ratio, the program-related expense
1584		-	49.26ratio, and the absence and utilization factor ratio;
1585		-	49.27 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
1586		-	49.28total payment amount;
1587		-	49.29 (14) for services provided in a shared manner, divide the total payment in clause (13)
1588		-	49.30as follows:
1589		-	49Article 2 Sec. 28.
1590		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 50.1 (i) for employment exploration services, divide by the number of service recipients, not
1591		-	50.2to exceed five;
1592		-	50.3 (ii) for employment support services, divide by the number of service recipients, not to
1593		-	50.4exceed six;
1594		-	50.5 (iii) for individualized home supports with training and individualized home supports
1595		-	50.6with family training, divide by the number of service recipients, not to exceed three; and
1596		-	50.7 (iv) for night supervision, divide by the number of service recipients, not to exceed two;
1597		-	50.8and
1598		-	50.9 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
1599		-	50.10to adjust for regional differences in the cost of providing services.
1600		-	50.11 (e) Effective January 1, 2027, or upon federal approval, whichever is later, providers
1601		-	50.12may not bill more than eight hours per day for individualized home supports with training
1602		-	50.13and individualized home supports with family training. This maximum does not limit a
1603		-	50.14person's use of other disability waiver services.
1604		-	50.15 EFFECTIVE DATE.This section is effective the day following final enactment.
1605		-	50.16Sec. 29. Minnesota Statutes 2024, section 256B.4914, subdivision 9, is amended to read:
1606		-	50.17 Subd. 9. Unit-based services without programming; component values and
1607		-	50.18calculation of payment rates.(a) For the purposes of this section, unit-based services
1608		-	50.19without programming include individualized home supports without training and night
1609		-	50.20supervision provided to an individual outside of any service plan for a day program or
1610		-	50.21residential support service. Unit-based services without programming do not include respite.
1611		-	50.22This paragraph expires upon the effective date of paragraph (b).
1612		-	50.23 (b) Effective January 1, 2026, or upon federal approval, whichever is later, for the
1613		-	50.24purposes of this section, unit-based services without programming include individualized
1614		-	50.25home supports without training, awake night supervision, and asleep night supervision
1615		-	50.26provided to an individual outside of any service plan for a day program or residential support
1616		-	50.27service.
1617		-	50.28 (b) (c) Component values for unit-based services without programming are:
1618		-	50.29 (1) competitive workforce factor: 6.7 percent;
1619		-	50.30 (2) supervisory span of control ratio: 11 percent;
1620		-	50.31 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
1621		-	50Article 2 Sec. 29.
1622		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 51.1 (4) employee-related cost ratio: 23.6 percent;
1623		-	51.2 (5) program plan support ratio: 7.0 percent;
1624		-	51.3 (6) client programming and support ratio: 2.3 percent, updated as specified in subdivision
1625		-	51.45b;
1626		-	51.5 (7) general administrative support ratio: 13.25 percent;
1627		-	51.6 (8) program-related expense ratio: 2.9 percent; and
1628		-	51.7 (9) absence and utilization factor ratio: 3.9 percent.
1629		-	51.8 (c) (d) A unit of service for unit-based services without programming is 15 minutes.
1630		-	51.9 (d) (e) Payments for unit-based services without programming must be calculated as
1631		-	51.10follows unless the services are reimbursed separately as part of a residential support services
1632		-	51.11or day program payment rate:
1633		-	51.12 (1) determine the number of units of service to meet a recipient's needs;
1634		-	51.13 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
1635		-	51.14provided in subdivisions 5 to 5a;
1636		-	51.15 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
1637		-	51.16product of one plus the competitive workforce factor;
1638		-	51.17 (4) for a recipient requiring customization for deaf and hard-of-hearing language
1639		-	51.18accessibility under subdivision 12, add the customization rate provided in subdivision 12
1640		-	51.19to the result of clause (3);
1641		-	51.20 (5) multiply the number of direct staffing hours by the appropriate staff wage;
1642		-	51.21 (6) multiply the number of direct staffing hours by the product of the supervisory span
1643		-	51.22of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
1644		-	51.23 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
1645		-	51.24employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
1646		-	51.25rate;
1647		-	51.26 (8) for program plan support, multiply the result of clause (7) by one plus the program
1648		-	51.27plan support ratio;
1649		-	51.28 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
1650		-	51.29employee-related cost ratio;
1651		-	51Article 2 Sec. 29.
1652		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 52.1 (10) for client programming and supports, multiply the result of clause (9) by one plus
1653		-	52.2the client programming and support ratio;
1654		-	52.3 (11) this is the subtotal rate;
1655		-	52.4 (12) sum the standard general administrative support ratio, the program-related expense
1656		-	52.5ratio, and the absence and utilization factor ratio;
1657		-	52.6 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
1658		-	52.7total payment amount;
1659		-	52.8 (14) for individualized home supports without training provided in a shared manner,
1660		-	52.9divide the total payment amount in clause (13) by the number of service recipients, not to
1661		-	52.10exceed three; and
1662		-	52.11 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
1663		-	52.12to adjust for regional differences in the cost of providing services.
1664		-	52.13 EFFECTIVE DATE.This section is effective the day following final enactment.
1665		-	52.14Sec. 30. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
1666		-	52.15to read:
1667		-	52.16 Subd. 14a.Limitations on rate exceptions for residential services.(a) Effective July
1668		-	52.171, 2026, the commissioner must implement limitations on the size and number of rate
1669		-	52.18exceptions for community residential services, customized living services, family residential
1670		-	52.19services, and integrated community supports.
1671		-	52.20 (b) For rate exceptions related to behavioral needs, the commissioner must include:
1672		-	52.21 (1) a documented behavioral diagnosis; or
1673		-	52.22 (2) determined assessed needs for behavioral supports as identified in the person's most
1674		-	52.23recent assessment.
1675		-	52.24 (c) Community residential services rate exceptions must not include positive supports
1676		-	52.25costs.
1677		-	52.26 (d) The commissioner must not approve rate exception requests related to increased
1678		-	52.27community time or transportation.
1679		-	52.28 (e) For the commissioner to approve a rate exception annual renewal, the person's most
1680		-	52.29recent assessment must indicate continued extraordinary needs in the areas cited in the
1681		-	52.30exception request. If a person's assessment continues to identify these extraordinary needs,
1682		-	52Article 2 Sec. 30.
1683		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 53.1lead agencies requesting an annual renewal of rate exceptions must submit provider-created
1684		-	53.2documentation supporting the continuation of the exception, including but not limited to:
1685		-	53.3 (1) payroll records for direct care wages cited in the request;
1686		-	53.4 (2) payment records or receipts for other costs cited in the request; and
1687		-	53.5 (3) documentation of expenses paid that were identified as necessary for the initial rate
1688		-	53.6exception.
1689		-	53.7 (f) The commissioner must not increase rate exception annual renewals that request an
1690		-	53.8exception to direct care or supervision wages more than the most recently implemented
1691		-	53.9base wage index determined under subdivision 5.
1692		-	53.10 (g) The commissioner must publish online an annual report detailing the impact of the
1693		-	53.11limitations under this subdivision on home and community-based services spending, including
1694		-	53.12but not limited to:
1695		-	53.13 (1) the number and percentage of rate exceptions granted and denied;
1696		-	53.14 (2) total spending on community residential setting services and rate exceptions;
1697		-	53.15 (3) trends in the percentage of spending attributable to rate exceptions; and
1698		-	53.16 (4) an evaluation of the effectiveness of the limitations in controlling spending growth.
1699		-	53.17 EFFECTIVE DATE.This section is effective January 1, 2026.
1700		-	53.18Sec. 31. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
1701		-	53.19to read:
1702		-	53.20 Subd. 20.Sanctions and monetary recovery.Payments under this section are subject
1703		-	53.21to the sanctions and monetary recovery requirements under section 256B.064.
1704		-	53.22Sec. 32. Minnesota Statutes 2024, section 256B.85, subdivision 7a, is amended to read:
1705		-	53.23 Subd. 7a.Enhanced rate.(a) An enhanced rate of 107.5 percent of the rate paid for
1706		-	53.24CFSS must be paid for services provided to persons who qualify for ten or more hours of
1707		-	53.25CFSS per day when provided by a support worker who meets the requirements of subdivision
1708		-	53.2616, paragraph (e). This paragraph expires upon the effective date of paragraph (b).
1709		-	53.27 (b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
1710		-	53.28rate of 112.5 percent of the rate paid for CFSS must be paid for services provided to persons
1711		-	53.29who qualify for ten or more hours of CFSS per day when provided by a support worker
1712		-	53.30who meets the requirements of subdivision 16, paragraph (e).
1713		-	53Article 2 Sec. 32.
1714		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 54.1 (b) (c) An agency provider must use all additional revenue attributable to the rate
1715		-	54.2enhancements under this subdivision for the wages and wage-related costs of the support
1716		-	54.3workers, including any corresponding increase in the employer's share of FICA taxes,
1717		-	54.4Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums.
1718		-	54.5The agency provider must not use the additional revenue attributable to any enhanced rate
1719		-	54.6under this subdivision to pay for mileage reimbursement, health and dental insurance, life
1720		-	54.7insurance, disability insurance, long-term care insurance, uniform allowance, contributions
1721		-	54.8to employee retirement accounts, or any other employee benefits.
1722		-	54.9 (c) (d) Any change in the eligibility criteria for the enhanced rate for CFSS as described
1723		-	54.10in this subdivision and referenced in subdivision 16, paragraph (e), does not constitute a
1724		-	54.11change in a term or condition for individual providers as defined in section 256B.0711, and
1725		-	54.12is not subject to the state's obligation to meet and negotiate under chapter 179A.
1726		-	54.13 EFFECTIVE DATE.This section is effective the day following final enactment.
1727		-	54.14Sec. 33. Minnesota Statutes 2024, section 256B.85, subdivision 8, is amended to read:
1728		-	54.15 Subd. 8.Determination of CFSS service authorization amount.(a) All community
1729		-	54.16first services and supports must be authorized by the commissioner or the commissioner's
1730		-	54.17designee before services begin. The authorization for CFSS must be completed as soon as
1731		-	54.18possible following an assessment but no later than 40 calendar days from the date of the
1732		-	54.19assessment.
1733		-	54.20 (b) The amount of CFSS authorized must be based on the participant's home care rating
1734		-	54.21described in paragraphs (d) and (e) and any additional service units for which the participant
1735		-	54.22qualifies as described in paragraph (f).
1736		-	54.23 (c) The home care rating shall be determined by the commissioner or the commissioner's
1737		-	54.24designee based on information submitted to the commissioner identifying the following for
1738		-	54.25a participant:
1739		-	54.26 (1) the total number of dependencies of activities of daily living;
1740		-	54.27 (2) the presence of complex health-related needs; and
1741		-	54.28 (3) the presence of Level I behavior.
1742		-	54.29 (d) The methodology to determine the total service units for CFSS for each home care
1743		-	54.30rating is based on the median paid units per day for each home care rating from fiscal year
1744		-	54.312007 data for the PCA program.
1745		-	54Article 2 Sec. 33.
1746		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 55.1 (e) Each home care rating is designated by the letters P through Z and EN and has the
1747		-	55.2following base number of service units assigned:
1748		-	55.3 (1) P home care rating requires Level I behavior or one to three dependencies in ADLs
1749		-	55.4and qualifies the person for five service units;
1750		-	55.5 (2) Q home care rating requires Level I behavior and one to three dependencies in ADLs
1751		-	55.6and qualifies the person for six service units;
1752		-	55.7 (3) R home care rating requires a complex health-related need and one to three
1753		-	55.8dependencies in ADLs and qualifies the person for seven service units;
1754		-	55.9 (4) S home care rating requires four to six dependencies in ADLs and qualifies the person
1755		-	55.10for ten service units;
1756		-	55.11 (5) T home care rating requires four to six dependencies in ADLs and Level I behavior
1757		-	55.12and qualifies the person for 11 service units;
1758		-	55.13 (6) U home care rating requires four to six dependencies in ADLs and a complex
1759		-	55.14health-related need and qualifies the person for 14 service units;
1760		-	55.15 (7) V home care rating requires seven to eight dependencies in ADLs and qualifies the
1761		-	55.16person for 17 service units;
1762		-	55.17 (8) W home care rating requires seven to eight dependencies in ADLs and Level I
1763		-	55.18behavior and qualifies the person for 20 service units;
1764		-	55.19 (9) Z home care rating requires seven to eight dependencies in ADLs and a complex
1765		-	55.20health-related need and qualifies the person for 30 service units; and
1766		-	55.21 (10) EN home care rating includes ventilator dependency as defined in section 256B.0651,
1767		-	55.22subdivision 1, paragraph (g). A person who meets the definition of ventilator-dependent
1768		-	55.23and the EN home care rating and utilize a combination of CFSS and home care nursing
1769		-	55.24services is limited to a total of 96 service units per day for those services in combination.
1770		-	55.25Additional units may be authorized when a person's assessment indicates a need for two
1771		-	55.26staff to perform activities. Additional time is limited to 16 service units per day.
1772		-	55.27 (f) Additional service units are provided through the assessment and identification of
1773		-	55.28the following:
1774		-	55.29 (1) 30 additional minutes per day for a dependency in each critical activity of daily
1775		-	55.30living;
1776		-	55.31 (2) 30 additional minutes per day for each complex health-related need; and
1777		-	55Article 2 Sec. 33.
1778		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 56.1 (3) 30 additional minutes per day for each behavior under this clause that requires
1779		-	56.2assistance at least four times per week:
1780		-	56.3 (i) level I behavior that requires the immediate response of another person;
1781		-	56.4 (ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior;
1782		-	56.5or
1783		-	56.6 (iii) increased need for assistance for participants who are verbally aggressive or resistive
1784		-	56.7to care so that the time needed to perform activities of daily living is increased.
1785		-	56.8 (g) The service budget for budget model participants shall be based on:
1786		-	56.9 (1) assessed units as determined by the home care rating; and
1787		-	56.10 (2) an adjustment needed for administrative expenses. This paragraph expires upon the
1788		-	56.11effective date of paragraph (h).
1789		-	56.12 (h) Effective January 1, 2026, or upon federal approval, whichever is later, the service
1790		-	56.13budget for budget model participants shall be based on:
1791		-	56.14 (1) assessed units as determined by the home care rating and the payment methodologies
1792		-	56.15under section 256B.851; and
1793		-	56.16 (2) an adjustment needed for administrative expenses.
1794		-	56.17 EFFECTIVE DATE.This section is effective the day following final enactment.
1795		-	56.18Sec. 34. Minnesota Statutes 2024, section 256B.85, subdivision 16, is amended to read:
1796		-	56.19 Subd. 16.Support workers requirements.(a) Support workers shall:
1797		-	56.20 (1) enroll with the department as a support worker after a background study under chapter
1798		-	56.21245C has been completed and the support worker has received a notice from the
1799		-	56.22commissioner that the support worker:
1800		-	56.23 (i) is not disqualified under section 245C.14; or
1801		-	56.24 (ii) is disqualified, but has received a set-aside of the disqualification under section
1802		-	56.25245C.22;
1803		-	56.26 (2) have the ability to effectively communicate with the participant or the participant's
1804		-	56.27representative;
1805		-	56.28 (3) have the skills and ability to provide the services and supports according to the
1806		-	56.29participant's CFSS service delivery plan and respond appropriately to the participant's needs;
1807		-	56Article 2 Sec. 34.
1808		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 57.1 (4) complete the basic standardized CFSS training as determined by the commissioner
1809		-	57.2before completing enrollment. The training must be available in languages other than English
1810		-	57.3and to those who need accommodations due to disabilities. CFSS support worker training
1811		-	57.4must include successful completion of the following training components: basic first aid,
1812		-	57.5vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
1813		-	57.6responsibilities of support workers including information about basic body mechanics,
1814		-	57.7emergency preparedness, orientation to positive behavioral practices, orientation to
1815		-	57.8responding to a mental health crisis, fraud issues, time cards and documentation, and an
1816		-	57.9overview of person-centered planning and self-direction. Upon completion of the training
1817		-	57.10components, the support worker must pass the certification test to provide assistance to
1818		-	57.11participants;
1819		-	57.12 (5) complete employer-directed training and orientation on the participant's individual
1820		-	57.13needs;
1821		-	57.14 (6) maintain the privacy and confidentiality of the participant; and
1822		-	57.15 (7) not independently determine the medication dose or time for medications for the
1823		-	57.16participant.
1824		-	57.17 (b) The commissioner may deny or terminate a support worker's provider enrollment
1825		-	57.18and provider number if the support worker:
1826		-	57.19 (1) does not meet the requirements in paragraph (a);
1827		-	57.20 (2) fails to provide the authorized services required by the employer;
1828		-	57.21 (3) has been intoxicated by alcohol or drugs while providing authorized services to the
1829		-	57.22participant or while in the participant's home;
1830		-	57.23 (4) has manufactured or distributed drugs while providing authorized services to the
1831		-	57.24participant or while in the participant's home; or
1832		-	57.25 (5) has been excluded as a provider by the commissioner of human services, or by the
1833		-	57.26United States Department of Health and Human Services, Office of Inspector General, from
1834		-	57.27participation in Medicaid, Medicare, or any other federal health care program.
1835		-	57.28 (c) A support worker may appeal in writing to the commissioner to contest the decision
1836		-	57.29to terminate the support worker's provider enrollment and provider number.
1837		-	57.30 (d) A support worker must not provide or be paid for more than 310 hours of CFSS per
1838		-	57.31month, regardless of the number of participants the support worker serves or the number
1839		-	57.32of agency-providers or participant employers by which the support worker is employed.
1840		-	57Article 2 Sec. 34.
1841		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 58.1The department shall not disallow the number of hours per day a support worker works
1842		-	58.2unless it violates other law.
1843		-	58.3 (e) CFSS qualify for an enhanced rate if the support worker providing the services:
1844		-	58.4 (1) provides services, within the scope of CFSS described in subdivision 7, to a participant
1845		-	58.5who qualifies for ten or more hours per day of CFSS; and
1846		-	58.6 (2) satisfies the current requirements of Medicare for training and competency or
1847		-	58.7competency evaluation of home health aides or nursing assistants, as provided in the Code
1848		-	58.8of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
1849		-	58.9training or competency requirements. This paragraph expires upon the effective date of
1850		-	58.10paragraph (f).
1851		-	58.11 (f) Effective January 1, 2026, or upon federal approval, whichever is later, CFSS qualify
1852		-	58.12for an enhanced rate or budget if the support worker providing the services:
1853		-	58.13 (1) provides services, within the scope of CFSS described in subdivision 7, to a participant
1854		-	58.14who qualifies for ten or more hours per day of CFSS; and
1855		-	58.15 (2) satisfies the current requirements of Medicare for training and competency or
1856		-	58.16competency evaluation of home health aides or nursing assistants, as provided in the Code
1857		-	58.17of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
1858		-	58.18training or competency requirements.
1859		-	58.19 EFFECTIVE DATE.This section is effective the day following final enactment.
1860		-	58.20Sec. 35. Minnesota Statutes 2024, section 256B.851, subdivision 5, is amended to read:
1861		-	58.21 Subd. 5.Payment rates; component values.(a) The commissioner must use the
1862		-	58.22following component values:
1863		-	58.23 (1) employee vacation, sick, and training factor, 8.71 percent;
1864		-	58.24 (2) employer taxes and workers' compensation factor, 11.56 percent;
1865		-	58.25 (3) employee benefits factor, 12.04 percent;
1866		-	58.26 (4) client programming and supports factor, 2.30 percent;
1867		-	58.27 (5) program plan support factor, 7.00 percent;
1868		-	58.28 (6) general business and administrative expenses factor, 13.25 percent;
1869		-	58.29 (7) program administration expenses factor, 2.90 percent; and
1870		-	58.30 (8) absence and utilization factor, 3.90 percent.
1871		-	58Article 2 Sec. 35.
1872		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 59.1 (b) For purposes of implementation, the commissioner shall use the following
1873		-	59.2implementation components:
1874		-	59.3 (1) personal care assistance services and CFSS: 88.19 percent;
1875		-	59.4 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 88.19
1876		-	59.5percent; and
1877		-	59.6 (3) qualified professional services and CFSS worker training and development: 88.19
1878		-	59.7percent. This paragraph expires upon the effective date of paragraph (c).
1879		-	59.8 (c) Effective January 1, 2026, or upon federal approval, whichever is later, for purposes
1880		-	59.9of implementation, the commissioner shall use the following implementation components:
1881		-	59.10 (1) personal care assistance services and CFSS: 92.20 percent;
1882		-	59.11 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.20
1883		-	59.12percent; and
1884		-	59.13 (3) qualified professional services and CFSS worker training and development: 92.20
1885		-	59.14percent.
1886		-	59.15 (c) (d) Effective January 1, 2025, for purposes of implementation, the commissioner
1887		-	59.16shall use the following implementation components:
1888		-	59.17 (1) personal care assistance services and CFSS: 92.08 percent;
1889		-	59.18 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.08
1890		-	59.19percent; and
1891		-	59.20 (3) qualified professional services and CFSS worker training and development: 92.08
1892		-	59.21percent. This paragraph expires upon the effective date of paragraph (c).
1893		-	59.22 (d) (e) The commissioner shall use the following worker retention components:
1894		-	59.23 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
1895		-	59.24assistance services or CFSS, the worker retention component is zero percent;
1896		-	59.25 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
1897		-	59.26care assistance services or CFSS, the worker retention component is 2.17 percent;
1898		-	59.27 (3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
1899		-	59.28care assistance services or CFSS, the worker retention component is 4.36 percent;
1900		-	59.29 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
1901		-	59.30personal care assistance services or CFSS, the worker retention component is 7.35 percent;
1902		-	59.31and
1903		-	59Article 2 Sec. 35.
1904		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 60.1 (5) for workers who have provided more than 10,000 cumulative hours in personal care
1905		-	60.2assistance services or CFSS, the worker retention component is 10.81 percent. This paragraph
1906		-	60.3expires upon the effective date of paragraph (f).
1907		-	60.4 (f) Effective January 1, 2026, or upon federal approval, whichever is later, the
1908		-	60.5commissioner shall use the following worker retention components:
1909		-	60.6 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
1910		-	60.7assistance services or CFSS, the worker retention component is zero percent;
1911		-	60.8 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
1912		-	60.9care assistance services or CFSS, the worker retention component is 4.05 percent;
1913		-	60.10 (3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
1914		-	60.11care assistance services or CFSS, the worker retention component is 6.24 percent;
1915		-	60.12 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
1916		-	60.13personal care assistance services or CFSS, the worker retention component is 9.23 percent;
1917		-	60.14and
1918		-	60.15 (5) for workers who have provided more than 10,000 cumulative hours in personal care
1919		-	60.16assistance services or CFSS, the worker retention component is 12.69 percent.
1920		-	60.17 (e) (g) The commissioner shall define the appropriate worker retention component based
1921		-	60.18on the total number of units billed for services rendered by the individual provider since
1922		-	60.19July 1, 2017. The worker retention component must be determined by the commissioner
1923		-	60.20for each individual provider and is not subject to appeal.
1924		-	60.21 (h) Effective January 1, 2027, or upon federal approval, whichever is later, for purposes
1925		-	60.22of implementation, the commissioner shall use the following implementation components
1926		-	60.23if a worker has completed either the orientation for individual providers offered through
1927		-	60.24the Home Care Orientation Trust or an orientation defined and offered by the commissioner:
1928		-	60.25 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
1929		-	60.26assistance services or CFSS, the worker retention component is 1.88 percent;
1930		-	60.27 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
1931		-	60.28care assistance services or CFSS, the worker retention component is 5.92 percent;
1932		-	60.29 (3) for workers who have provided between 2,001, and 6,000 cumulative hours in personal
1933		-	60.30care assistance services or CFSS, the worker retention component is 8.11 percent;
1934		-	60Article 2 Sec. 35.
1935		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 61.1 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
1936		-	61.2personal care assistance services or CFSS, the worker retention component is 11.10 percent;
1937		-	61.3and
1938		-	61.4 (5) for workers who have provided more than 10,000 cumulative hours in personal care
1939		-	61.5assistance services or CFSS, the worker retention component is 14.56 percent.
1940		-	61.6 EFFECTIVE DATE.This section is effective the day following final enactment.
1941		-	61.7 Sec. 36. Minnesota Statutes 2024, section 256B.851, subdivision 6, is amended to read:
1942		-	61.8 Subd. 6.Payment rates; rate determination.(a) The commissioner must determine
1943		-	61.9the rate for personal care assistance services, CFSS, extended personal care assistance
1944		-	61.10services, extended CFSS, enhanced rate personal care assistance services, enhanced rate
1945		-	61.11CFSS, qualified professional services, and CFSS worker training and development as
1946		-	61.12follows:
1947		-	61.13 (1) multiply the appropriate total wage component value calculated in subdivision 4 by
1948		-	61.14one plus the employee vacation, sick, and training factor in subdivision 5;
1949		-	61.15 (2) for program plan support, multiply the result of clause (1) by one plus the program
1950		-	61.16plan support factor in subdivision 5;
1951		-	61.17 (3) for employee-related expenses, add the employer taxes and workers' compensation
1952		-	61.18factor in subdivision 5 and the employee benefits factor in subdivision 5. The sum is
1953		-	61.19employee-related expenses. Multiply the product of clause (2) by one plus the value for
1954		-	61.20employee-related expenses;
1955		-	61.21 (4) for client programming and supports, multiply the product of clause (3) by one plus
1956		-	61.22the client programming and supports factor in subdivision 5;
1957		-	61.23 (5) for administrative expenses, add the general business and administrative expenses
1958		-	61.24factor in subdivision 5, the program administration expenses factor in subdivision 5, and
1959		-	61.25the absence and utilization factor in subdivision 5;
1960		-	61.26 (6) divide the result of clause (4) by one minus the result of clause (5). The quotient is
1961		-	61.27the hourly rate;
1962		-	61.28 (7) multiply the hourly rate by the appropriate implementation component under
1963		-	61.29subdivision 5. This is the adjusted hourly rate; and
1964		-	61.30 (8) divide the adjusted hourly rate by four. The quotient is the total adjusted payment
1965		-	61.31rate.
1966		-	61Article 2 Sec. 36.
1967		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 62.1 (b) In processing personal care assistance provider agency and CFSS provider agency
1968		-	62.2claims, the commissioner shall incorporate the worker retention component specified in
1969		-	62.3subdivision 5, by multiplying one plus the total adjusted payment rate by the appropriate
1970		-	62.4worker retention component under subdivision 5, paragraph (d).
1971		-	62.5 (c) The commissioner must publish the total final payment rates.
1972		-	62.6 (d) The commissioner shall increase the authorization for the CFSS budget model of
1973		-	62.7those CFSS participant-employers employing individual providers who have provided more
1974		-	62.8than 1,000 hours of services as well as individual providers who have completed the
1975		-	62.9orientation offered by the Home Care Orientation Trust or an orientation defined and offered
1976		-	62.10by the commissioner. The commissioner shall determine the amount and method of the
1977		-	62.11authorization increase.
1978		-	62.12 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
1979		-	62.13whichever is later. The commissioner shall notify the revisor of statutes when federal
1980		-	62.14approval is obtained.
1981		-	62.15Sec. 37. Minnesota Statutes 2024, section 260E.14, subdivision 1, is amended to read:
1982		-	62.16 Subdivision 1.Facilities and schools.(a) The local welfare agency is the agency
1983		-	62.17responsible for investigating allegations of maltreatment in child foster care, family child
1984		-	62.18care, legally nonlicensed child care, and reports involving children served by an unlicensed
1985		-	62.19personal care provider organization under section 256B.0659. Copies of findings related to
1986		-	62.20personal care provider organizations under section 256B.0659 must be forwarded to the
1987		-	62.21Department of Human Services provider enrollment.
1988		-	62.22 (b) The Department of Children, Youth, and Families is the agency responsible for
1989		-	62.23screening and investigating allegations of maltreatment in juvenile correctional facilities
1990		-	62.24listed under section 241.021 located in the local welfare agency's county and in facilities
1991		-	62.25licensed or certified under chapters 245A and 245D.
1992		-	62.26 (c) The Department of Health is the agency responsible for screening and investigating
1993		-	62.27allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
1994		-	62.28to 144A.482 or chapter 144H.
1995		-	62.29 (d) The Department of Education is the agency responsible for screening and investigating
1996		-	62.30allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
1997		-	62.31and 13, and chapter 124E. The Department of Education's responsibility to screen and
1998		-	62.32investigate includes allegations of maltreatment involving students 18 through 21 years of
1999		-	62Article 2 Sec. 37.
2000		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 63.1age, including students receiving special education services, up to and including graduation
2001		-	63.2and the issuance of a secondary or high school diploma.
2002		-	63.3 (e) The Department of Human Services is the agency responsible for screening and
2003		-	63.4investigating allegations of maltreatment of minors in an EIDBI agency operating under
2004		-	63.5sections 245A.142 and 256B.0949.
2005		-	63.6 (e) (f) A health or corrections agency receiving a report may request the local welfare
2006		-	63.7agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
2007		-	63.8 (f) (g) The Department of Children, Youth, and Families is the agency responsible for
2008		-	63.9screening and investigating allegations of maltreatment in facilities or programs not listed
2009		-	63.10in paragraph (a) that are licensed or certified under chapters 142B and 142C.
2010		-	63.11 EFFECTIVE DATE.This section is effective January 1, 2026.
2011		-	63.12Sec. 38. Minnesota Statutes 2024, section 626.5572, subdivision 13, is amended to read:
2012		-	63.13 Subd. 13.Lead investigative agency."Lead investigative agency" is the primary
2013		-	63.14administrative agency responsible for investigating reports made under section 626.557.
2014		-	63.15 (a) The Department of Health is the lead investigative agency for facilities or services
2015		-	63.16licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
2016		-	63.17care homes, hospice providers, residential facilities that are also federally certified as
2017		-	63.18intermediate care facilities that serve people with developmental disabilities, or any other
2018		-	63.19facility or service not listed in this subdivision that is licensed or required to be licensed by
2019		-	63.20the Department of Health for the care of vulnerable adults. "Home care provider" has the
2020		-	63.21meaning provided in section 144A.43, subdivision 4, and applies when care or services are
2021		-	63.22delivered in the vulnerable adult's home.
2022		-	63.23 (b) The Department of Human Services is the lead investigative agency for facilities or
2023		-	63.24services licensed or required to be licensed as adult day care, adult foster care, community
2024		-	63.25residential settings, programs for people with disabilities, family adult day services, mental
2025		-	63.26health programs, mental health clinics, substance use disorder programs, the Minnesota Sex
2026		-	63.27Offender Program, or any other facility or service not listed in this subdivision that is licensed
2027		-	63.28or required to be licensed by the Department of Human Services, including EIDBI agencies
2028		-	63.29under sections 245A.142 and 256B.0949.
2029		-	63.30 (c) The county social service agency or its designee is the lead investigative agency for
2030		-	63.31all other reports, including, but not limited to, reports involving vulnerable adults receiving
2031		-	63.32services from a personal care provider organization under section 256B.0659.
2032		-	63Article 2 Sec. 38.
2033		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 64.1 EFFECTIVE DATE.This section is effective January 1, 2026.
2034		-	64.2 Sec. 39. Laws 2021, First Special Session chapter 7, article 13, section 73, is amended to
2035		-	64.3read:
2036		-	64.4 Sec. 73. WAIVER REIMAGINE PHASE II.
2037		-	64.5 (a) Effective January 1, 2028, or upon federal approval, whichever is later, the
2038		-	64.6commissioner of human services must implement a two-home and community-based services
2039		-	64.7waiver program structure, as authorized under section 1915(c) of the federal Social Security
2040		-	64.8Act, that serves persons who are determined by a certified assessor to require the levels of
2041		-	64.9care provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate
2042		-	64.10care facility for persons with developmental disabilities.
2043		-	64.11 (b) Effective January 1, 2028, or upon federal approval, whichever is later, the
2044		-	64.12commissioner of human services must implement an individualized budget methodology,
2045		-	64.13as authorized under section 1915(c) of the federal Social Security Act, that serves persons
2046		-	64.14who are determined by a certified assessor to require the levels of care provided in a nursing
2047		-	64.15home, a hospital, a neurobehavioral hospital, or an intermediate care facility for persons
2048		-	64.16with developmental disabilities.
2049		-	64.17 (c) The commissioner must develop an individualized budget methodology exception
2050		-	64.18to support access to home care nursing services. Lead agencies must submit budget exception
2051		-	64.19requests to the commissioner in a form and manner prescribed by the commissioner.
2052		-	64.20Eligibility for the budget exception in this paragraph is limited to persons meeting all of the
2053		-	64.21following criteria in their most recent assessment:
2054		-	64.22 (1) the person needs the level of care delivered in a hospital setting;
2055		-	64.23 (2) the person receives a support range budget of E; and
2056		-	64.24 (3) the person does not receive community residential services, family residential services,
2057		-	64.25integrated community supports, or customized living. Nursing supports funded through the
2058		-	64.26budget exception identified in this paragraph must be delivered by a Medicare-certified
2059		-	64.27home health nurse or a licensed home care nurse under section 256B.0654.
2060		-	64.28 (d) If any of the requirements outlined in paragraph (c) are no longer met following a
2061		-	64.29person's annual reassessment under section 256B.0911, the commissioner must terminate
2062		-	64.30the budget exception. Lead agencies must require documentation to ensure that all home
2063		-	64.31care nursing services authorized under this budget exception are used for home care nursing
2064		-	64.32services and not used to fund nonhome care nursing services.
2065		-	64Article 2 Sec. 39.
2066		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 65.1 (c) (e) The commissioner of human services may seek all federal authority necessary to
2067		-	65.2implement this section.
2068		-	65.3 (d) (f) The commissioner must ensure that the new waiver service menu and individual
2069		-	65.4budgets allow people to live in their own home, family home, or any home and
2070		-	65.5community-based setting of their choice. The commissioner must ensure, within available
2071		-	65.6resources and subject to state and federal regulations and law, that waiver reimagine does
2072		-	65.7not result in unintended service disruptions.
2073		-	65.8 (g) No later than January 1, 2027, the commissioner must:
2074		-	65.9 (1) develop and implement an online support planning and tracking tool to provide
2075		-	65.10information in an accessible format to support informed choice for people using disability
2076		-	65.11waiver services that allows access to the total budget available to a person, the services for
2077		-	65.12which they are eligible, and the services they have chosen and used;
2078		-	65.13 (2) explore operability options that facilitate real-time tracking of a person's remaining
2079		-	65.14available budget throughout the service year; and
2080		-	65.15 (3) seek input from people with disabilities about the online support planning tool prior
2081		-	65.16to the tool's implementation.
2082		-	65.17 EFFECTIVE DATE.This section is effective the day following final enactment.
2083		-	65.18Sec. 40. Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 4,
2084		-	65.19as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
2085		-	65.20 Subd. 4.Required report.Prior to seeking federal approval for any aspect of waiver
2086		-	65.21reimagine phase II and in collaboration with the Waiver Reimagine Advisory Committee
2087		-	65.22no later than December 15, 2026, the commissioner must submit to the chairs and ranking
2088		-	65.23minority members of the legislative committees and divisions with jurisdiction over health
2089		-	65.24and human services a report on plans for waiver reimagine phase II, as well as the actual
2090		-	65.25Waiver Reimagine plan intended to be submitted for federal approval. The report must also
2091		-	65.26include any plans to adjust or modify the streamlined menu of services, the existing rate or
2092		-	65.27budget exemption criteria or process,; the proposed individual budget ranges, based on need
2093		-	65.28and not location of services, including additional budget resources beyond the resources
2094		-	65.29required to meet assessed need that may be necessary for the individual to live in the least
2095		-	65.30restrictive environment; and the role of MnCHOICES 2.0 assessment tool in determining
2096		-	65.31service needs and individual budget ranges budgets.
2097		-	65.32 EFFECTIVE DATE.This section is effective the day following final enactment.
2098		-	65Article 2 Sec. 40.
2099		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 66.1 Sec. 41. Laws 2023, chapter 61, article 1, section 5, the effective date, is amended to read:
2100		-	66.2 EFFECTIVE DATE.This section is effective January 1, 2026 2028, or upon federal
2101		-	66.3approval, whichever is later. The commissioner of human services shall notify the revisor
2102		-	66.4of statutes when federal approval is obtained.
2103		-	66.5 Sec. 42. Laws 2023, chapter 61, article 1, section 27, the effective date, is amended to
2104		-	66.6read:
2105		-	66.7 EFFECTIVE DATE.This section is effective January 1, 2026 2028, or upon federal
2106		-	66.8approval, whichever is later, except that paragraph (b) is effective the day following final
2107		-	66.9enactment. The commissioner of human services shall notify the revisor of statutes when
2108		-	66.10federal approval is obtained.
2109		-	66.11Sec. 43. Laws 2023, chapter 61, article 1, section 30, the effective date, is amended to
2110		-	66.12read:
2111		-	66.13 EFFECTIVE DATE.The amendment to clause (5), item (ii), the amendment to clause
2112		-	66.14(14), and the amendment striking clause (18) are effective January 1, 2024, or upon federal
2113		-	66.15approval, whichever is later. The amendment to clause (4) is effective January 1, 2026 2028,
2114		-	66.16or upon federal approval, whichever is later. The commissioner of human services shall
2115		-	66.17notify the revisor of statutes when federal approval is obtained.
2116		-	66.18Sec. 44. Laws 2023, chapter 61, article 1, section 32, the effective date, is amended to
2117		-	66.19read:
2118		-	66.20 EFFECTIVE DATE.This section is effective January 1, 2026 2028, or upon federal
2119		-	66.21approval, whichever is later. The commissioner of human services shall notify the revisor
2120		-	66.22of statutes when federal approval is obtained.
2121		-	66.23Sec. 45. Laws 2023, chapter 61, article 1, section 47, the effective date, is amended to
2122		-	66.24read:
2123		-	66.25 EFFECTIVE DATE.This section is effective January 1, 2026 2028, or upon federal
2124		-	66.26approval, whichever is later. The commissioner of human services shall notify the revisor
2125		-	66.27of statutes when federal approval is obtained.
2126		-	66.28Sec. 46. Laws 2023, chapter 61, article 1, section 61, subdivision 4, is amended to read:
2127		-	66.29 Subd. 4.Evaluation and report.By December 1, 2024, the commissioner must submit
2128		-	66.30to the chairs and ranking minority members of the legislative committees with jurisdiction
2129		-	66Article 2 Sec. 46.
2130		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 67.1over human services finance and policy an interim report on the impact and outcomes of
2131		-	67.2the grants, including the number of grants awarded and the organizations receiving the
2132		-	67.3grants. The interim report must include any available evidence of how grantees were able
2133		-	67.4to increase utilization of supported decision making and reduce or avoid more restrictive
2134		-	67.5forms of decision making such as guardianship and conservatorship. By December 1, 2025
2135		-	67.62027, the commissioner must submit to the chairs and ranking minority members of the
2136		-	67.7legislative committees with jurisdiction over human services finance and policy a final
2137		-	67.8report on the impact and outcomes of the grants, including any updated information from
2138		-	67.9the interim report and the total number of people served by the grants. The final report must
2139		-	67.10also detail how the money was used to achieve the requirements in subdivision 3, paragraph
2140		-	67.11(b).
2141		-	67.12Sec. 47. Laws 2023, chapter 61, article 1, section 85, the effective date, is amended to
2142		-	67.13read:
2143		-	67.14 EFFECTIVE DATE.Paragraph (a) is effective January 1, 2024, or upon federal
2144		-	67.15approval, whichever is later, and paragraph (b) is effective January 1, 2026 2028, or upon
2145		-	67.16federal approval, whichever is later. The commissioner of human services shall notify the
2146		-	67.17revisor of statutes when federal approval is obtained.
2147		-	67.18Sec. 48. POSITIVE SUPPORTS COMPETENCY PROGRAM.
2148		-	67.19 (a) The commissioner shall establish a positive supports competency program with the
2149		-	67.20money appropriated for this purpose.
2150		-	67.21 (b) When establishing the positive supports competency program, the commissioner
2151		-	67.22must use a community partner driven process to:
2152		-	67.23 (1) define the core activities associated with effective intervention services at the positive
2153		-	67.24support specialist, positive support analyst, and positive support professional level;
2154		-	67.25 (2) create tools providers may use to track whether the provider's positive support
2155		-	67.26specialists, positive support analysts, and positive support professionals are competently
2156		-	67.27performing the core activities associated with effective intervention services;
2157		-	67.28 (3) align existing training systems funded through the Department of Human Services
2158		-	67.29and develop free online modules for competency-based training to prepare positive support
2159		-	67.30specialists, positive support analysts, and positive support professionals to provide effective
2160		-	67.31intervention services;
2161		-	67Article 2 Sec. 48.
2162		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 68.1 (4) assist providers interested in utilizing a competency-based training model to create
2163		-	68.2a career pathway for the positive support analysts and positive support specialists within
2164		-	68.3the provider's organizations by using experienced professionals;
2165		-	68.4 (5) create written guidelines, stories, and examples for providers that will be placed on
2166		-	68.5Department of Human Services websites promoting capacity building; and
2167		-	68.6 (6) disseminate resources and guidance to providers interested in meeting
2168		-	68.7competency-based qualifications for positive supports via preexisting regional networks of
2169		-	68.8experts, including communities of practice, and develop new avenues for disseminating
2170		-	68.9these resources and guidance, including through implementation of ECHO models.
2171		-	68.10Sec. 49. ADVISORY TASK FORCE ON WAIVER REIMAGINE.
2172		-	68.11 Subdivision 1.Membership; co-chairs.(a) The Advisory Task Force on Waiver
2173		-	68.12Reimagine consists of the following members:
2174		-	68.13 (1) one member of the house of representatives, appointed by the speaker of the house;
2175		-	68.14 (2) one member of the house of representatives, appointed by the leader of the house of
2176		-	68.15representatives Democratic-Farmer-Labor caucus;
2177		-	68.16 (3) one member of the senate, appointed by the senate majority leader;
2178		-	68.17 (4) one member of the senate, appointed by the senate minority leader;
2179		-	68.18 (5) four individuals currently receiving disability waiver services who are under the age
2180		-	68.19of 65, appointed by the governor;
2181		-	68.20 (6) one county employee who conducts long-term care consultation services assessments
2182		-	68.21for persons under the age of 65, appointed by the Minnesota Association of County Social
2183		-	68.22Services Administrators;
2184		-	68.23 (7) one representative of the Department of Human Services with knowledge of the
2185		-	68.24requirements for a provider to participate in disability waiver service programs and of the
2186		-	68.25administration of benefits, appointed by the commissioner of human services;
2187		-	68.26 (8) one employee of the Minnesota Council on Disability, appointed by the Minnesota
2188		-	68.27Council on Disability;
2189		-	68.28 (9) two representatives of disability advocacy organizations, appointed by the governor;
2190		-	68.29 (10) two family members of individuals who are receiving disability waiver services,
2191		-	68.30appointed by the governor;
2192		-	68Article 2 Sec. 49.
2193		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 69.1 (11) two providers of disability waiver services for persons who are under the age of
2194		-	69.265, appointed by the governor;
2195		-	69.3 (12) one employee from the Office of Ombudsman for Mental Health and Developmental
2196		-	69.4Disabilities, appointed by the ombudsman;
2197		-	69.5 (13) one employee from the Olmstead Implementation Office, appointed by the director
2198		-	69.6of the office;
2199		-	69.7 (14) the assistant commissioner of the Department of Human Services administration
2200		-	69.8that oversees disability services; and
2201		-	69.9 (15) a member of the Minnesota Disability Law Center, appointed by the executive
2202		-	69.10director of Mid-Minnesota Legal Aid.
2203		-	69.11 (b) Each appointing authority must make appointments by September 30, 2025.
2204		-	69.12Appointments made by an agency or commissioner may also be made by a designee.
2205		-	69.13 (c) In making task force appointments, the governor must ensure representation from
2206		-	69.14greater Minnesota.
2207		-	69.15 (d) The Office of Collaboration and Dispute Resolution must convene the task force.
2208		-	69.16 (e) The task force members must elect co-chairs from the membership of the task force
2209		-	69.17at the first task force meeting.
2210		-	69.18 Subd. 2.Meetings; administrative support.(a) The first meeting of the task force must
2211		-	69.19be convened no later than November 30, 2025. The task force must meet at least quarterly.
2212		-	69.20Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by
2213		-	69.21telephone or interactive technology consistent with Minnesota Statutes, section 13D.015.
2214		-	69.22 (b) The Department of Human Services shall provide meeting space and administrative
2215		-	69.23and research support to the task force.
2216		-	69.24 Subd. 3.Duties.(a) The task force must make findings and recommendations related
2217		-	69.25to Waiver Reimagine in Minnesota, including but not limited to the following:
2218		-	69.26 (1) consolidation of the existing four disability home and community-based waiver
2219		-	69.27service programs into two waiver programs;
2220		-	69.28 (2) budgets based on the needs of the individual that are not tied to location of services,
2221		-	69.29including additional resources beyond the resources required to meet assessed needs that
2222		-	69.30may be necessary for the individual to live in the least restrictive environment;
2223		-	69Article 2 Sec. 49.
2224		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 70.1 (3) criteria and processes for provider rate exceptions and individualized budget
2225		-	70.2exceptions;
2226		-	70.3 (4) appropriate assessments, including the MnCHOICES 2.0 assessment tool, in
2227		-	70.4determining service needs and individualized budgets;
2228		-	70.5 (5) covered services under each disability waiver program, including any proposed
2229		-	70.6adjustments to the menu of services;
2230		-	70.7 (6) service planning and authorization processes for disability waiver services;
2231		-	70.8 (7) a plan of support, financial and otherwise, to live in the person's own home and in
2232		-	70.9the most integrated setting as defined under Title 2 of the Americans with Disability Act
2233		-	70.10(ADA) Integration Mandate and in Minnesota's Olmstead Plan;
2234		-	70.11 (8) intended and unintended outcomes of Waiver Reimagine; and
2235		-	70.12 (9) other items related to Waiver Reimagine as necessary.
2236		-	70.13 (b) The task force must seek input from the public, counties, persons receiving disability
2237		-	70.14waiver services, families of persons receiving disability waiver services, providers, state
2238		-	70.15agencies, and advocacy groups.
2239		-	70.16 (c) The task force must hold public meetings to gather information to fulfill the purpose
2240		-	70.17of the task force. The meetings must be accessible by remote participants.
2241		-	70.18 (d) The Department of Human Services shall provide relevant data and research to the
2242		-	70.19task force to facilitate the task force's work.
2243		-	70.20 Subd. 4.Compensation; expenses.Members of the task force may receive compensation
2244		-	70.21and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
2245		-	70.223.
2246		-	70.23 Subd. 5.Report.(a) The task force shall submit a report to the chairs and ranking
2247		-	70.24minority members of the legislative committees with jurisdiction over disability waiver
2248		-	70.25services no later than January 15, 2027, that describes any concerns or recommendations
2249		-	70.26related to Waiver Reimagine as identified by the task force.
2250		-	70.27 (b) The report required under Laws 2021, First Special Session chapter 7, article 13,
2251		-	70.28section 75, subdivision 4, as amended by Laws 2024, chapter 108, article 1, section 28,
2252		-	70.29must be presented to the task force prior to December 15, 2026.
2253		-	70.30 Subd. 6.Expiration.The task force expires upon submission of the task force's report,
2254		-	70.31or December 31, 2027, whichever is earlier.
2255		-	70Article 2 Sec. 49.
2256		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 71.1 EFFECTIVE DATE.This section is effective the day following final enactment.
2257		-	71.2 Sec. 50. BUDGET INCREASE FOR CONSUMER-DIRECTED COMMUNITY
2258		-	71.3SUPPORTS.
2259		-	71.4 Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
2260		-	71.5must increase the consumer-directed community support budgets identified in the waiver
2261		-	71.6plans under Minnesota Statutes, sections 256B.092 and 256B.49, and chapter 256S; and
2262		-	71.7the alternative care program under Minnesota Statutes, section 256B.0913, by 0.13 percent.
2263		-	71.8 EFFECTIVE DATE.This section is effective the day following final enactment.
2264		-	71.9 Sec. 51. ENHANCED BUDGET INCREASE FOR CONSUMER-DIRECTED
2265		-	71.10COMMUNITY SUPPORTS.
2266		-	71.11 Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
2267		-	71.12must increase the consumer-directed community supports budget exception percentage
2268		-	71.13identified in the waiver plans under Minnesota Statutes, sections 256B.092 and 256B.49,
2269		-	71.14and chapter 256S; and the alternative care program under Minnesota Statutes, section
2270		-	71.15256B.0913, from 7.5 to 12.5.
2271		-	71.16 EFFECTIVE DATE.This section is effective the day following final enactment.
2272		-	71.17Sec. 52. REPEALER.
2273		-	71.18 (a) Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 3, as
2274		-	71.19amended by Laws 2024, chapter 108, article 1, section 28, is repealed effective the day
2275		-	71.20following final enactment.
2276		-	71.21 (b) Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 6, as
2277		-	71.22amended by Laws 2024, chapter 108, article 1, section 28, is repealed effective the day
2278		-	71.23following final enactment.
2279		-	71.24 ARTICLE 3
2280		-	71.25 HEALTH CARE
2281		-	71.26Section 1. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision
2282		-	71.27to read:
2283		-	71.28 Subd. 1b.Definitions.(a) For purposes of this section, the following terms have the
2284		-	71.29meanings given.
2285		-	71Article 3 Section 1.
2286		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 72.1 (b) "Income" means the adjusted gross income of the natural or adoptive parents
2287		-	72.2determined according to the previous year's federal tax form, except that taxable capital
2288		-	72.3gains, to the extent the money has been used to purchase a home, shall not be counted as
2289		-	72.4income.
2290		-	72.5 (c) "Insurance" means health and accident insurance coverage or enrollment in a nonprofit
2291		-	72.6health service plan, health maintenance organization, self-insured plan, or preferred provider
2292		-	72.7organization.
2293		-	72.8 EFFECTIVE DATE.This section is effective January 1, 2026.
2294		-	72.9 Sec. 2. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2295		-	72.10read:
2296		-	72.11 Subd. 7.Parental responsibility.Parents with household adjusted gross income equal
2297		-	72.12to or greater than 675 percent of the federal poverty guidelines are responsible for a portion
2298		-	72.13of the cost of services, according to subdivision 8, when:
2299		-	72.14 (1) insurance or other health care benefits pay some but not all of the cost of services;
2300		-	72.15and
2301		-	72.16 (2) no insurance or other health care benefits are available.
2302		-	72.17 EFFECTIVE DATE.This section is effective January 1, 2026.
2303		-	72.18Sec. 3. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2304		-	72.19read:
2305		-	72.20 Subd. 8.Contribution amount.(a) The natural or adoptive parents of a minor child,
2306		-	72.21not including a child determined eligible for medical assistance without consideration of
2307		-	72.22parental income under the Tax Equity and Fiscal Responsibility Act (TEFRA) option or a
2308		-	72.23child accessing home and community-based waiver services, must contribute to the cost of
2309		-	72.24services used by making monthly payments on a sliding scale based on income, unless the
2310		-	72.25child is married or has been married, parental rights have been terminated, or the child's
2311		-	72.26adoption is subsidized according to chapter 259A or through Title IV-E of the Social Security
2312		-	72.27Act. The parental contribution is a partial or full payment for medical services provided for
2313		-	72.28diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal
2314		-	72.29care services as defined in United States Code, title 26, section 213, needed by the child
2315		-	72.30with a chronic illness or disability.
2316		-	72.31 (b) For households with adjusted gross income equal to or greater than 675 percent of
2317		-	72.32federal poverty guidelines, the commissioner shall compute the parental contribution by
2318		-	72Article 3 Sec. 3.
2319		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 73.1applying the following schedule of rates to the adjusted gross income of the natural or
2320		-	73.2adoptive parents:
2321		-	73.3 (1) if the adjusted gross income is equal to or greater than 675 percent of federal poverty
2322		-	73.4guidelines and less than 975 percent of federal poverty guidelines, the commissioner shall
2323		-	73.5determine the parental contribution using a sliding fee scale established by the commissioner
2324		-	73.6that begins at 4.5 percent of adjusted gross income at 675 percent of federal poverty
2325		-	73.7guidelines and increases to 5.99 percent of adjusted gross income for households with
2326		-	73.8adjusted gross income up to 975 percent of federal poverty guidelines; and
2327		-	73.9 (2) if the adjusted gross income is equal to or greater than 975 percent of federal poverty
2328		-	73.10guidelines, the parental contribution is 7.49 percent of adjusted gross income.
2329		-	73.11 (c) If the child lives with the parent, the commissioner shall reduce the annual adjusted
2330		-	73.12gross income by $2,400 prior to calculating the parental contribution. If the child resides
2331		-	73.13in an institution specified in section 256B.35, the parent is responsible for the personal needs
2332		-	73.14allowance specified under that section in addition to the parental contribution determined
2333		-	73.15under this section. The parental contribution is reduced by any amount required to be paid
2334		-	73.16directly to the child pursuant to a court order, but only if actually paid.
2335		-	73.17 EFFECTIVE DATE.This section is effective January 1, 2026.
2336		-	73.18Sec. 4. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2337		-	73.19read:
2338		-	73.20 Subd. 9.Household size; contribution adjustments.(a) The household size used in
2339		-	73.21determining the amount of contribution under subdivision 8 includes natural and adoptive
2340		-	73.22parents and their dependents, including the child receiving services.
2341		-	73.23 (b) The commissioner shall implement adjustments in the contribution amount due to
2342		-	73.24annual changes in the federal poverty guidelines on the first day of July following publication
2343		-	73.25of the changes.
2344		-	73.26 EFFECTIVE DATE.This section is effective January 1, 2026.
2345		-	73.27Sec. 5. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2346		-	73.28read:
2347		-	73.29 Subd. 10.Contribution explained in writing.(a) The commissioner shall explain the
2348		-	73.30contribution in writing to the parents at the time eligibility for services is determined. The
2349		-	73.31parents shall make the contribution on a monthly basis starting with the first month in which
2350		-	73.32the child receives services.
2351		-	73Article 3 Sec. 5.
2352		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 74.1 (b) Annually upon redetermination or at termination of eligibility, if the contribution
2353		-	74.2exceeded the cost of services provided, the local agency or the state shall reimburse the
2354		-	74.3excess amount to the parents, either by direct reimbursement if the parent is no longer
2355		-	74.4required to pay a contribution, or by a reduction in or waiver of parental fees until the excess
2356		-	74.5amount is exhausted. All reimbursements must include a notice that the amount reimbursed
2357		-	74.6may be taxable income if the parent paid for the parent's fees through an employer's health
2358		-	74.7care flexible spending account under the Internal Revenue Code, section 125, and that the
2359		-	74.8parent is responsible for paying the taxes owed on the amount reimbursed.
2360		-	74.9 EFFECTIVE DATE.This section is effective January 1, 2026.
2361		-	74.10Sec. 6. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2362		-	74.11read:
2363		-	74.12 Subd. 11.Annual review; written notice.(a) The commissioner must review the monthly
2364		-	74.13contribution amount at least once every 12 months, when there is a change in household
2365		-	74.14size, and when there is a loss of or gain in income from one month to another in excess of
2366		-	74.15ten percent.
2367		-	74.16 (b) The local agency shall mail a written notice 30 days in advance of the effective date
2368		-	74.17of a change in the contribution amount. A decrease in the contribution amount is effective
2369		-	74.18in the month that the parent verifies a reduction in income or change in household size.
2370		-	74.19 EFFECTIVE DATE.This section is effective January 1, 2026.
2371		-	74.20Sec. 7. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2372		-	74.21read:
2373		-	74.22 Subd. 12.Parents who do not live with each other; contribution.Parents of a minor
2374		-	74.23child who do not live with each other shall each pay the contribution required under
2375		-	74.24subdivision 8. The commissioner shall deduct an amount equal to the annual court-ordered
2376		-	74.25child support payment actually paid on behalf of the child receiving services from the
2377		-	74.26adjusted gross income of the parent making the payment prior to calculating the parental
2378		-	74.27contribution under subdivision 8.
2379		-	74.28 EFFECTIVE DATE.This section is effective January 1, 2026.
2380		-	74Article 3 Sec. 7.
2381		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 75.1 Sec. 8. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2382		-	75.2read:
2383		-	75.3 Subd. 13.Parents with more than one child receiving services; contribution.The
2384		-	75.4commissioner shall not require parents who have more than one child receiving services to
2385		-	75.5pay more than the amount for the child with the highest expenditures. The commissioner
2386		-	75.6shall not require the parent to pay a contribution in excess of the cost of the services provided
2387		-	75.7to the child, not counting payments made to school districts for education-related services.
2388		-	75.8 EFFECTIVE DATE.This section is effective January 1, 2026.
2389		-	75.9 Sec. 9. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2390		-	75.10read:
2391		-	75.11 Subd. 14.Insurance coverage.(a) The commissioner shall increase the contribution
2392		-	75.12under subdivision 8 by an additional five percent if the local agency determines that insurance
2393		-	75.13coverage is available but not obtained for the child.
2394		-	75.14 (b) For purposes of this subdivision, "available" means insurance that is a benefit of
2395		-	75.15employment for a family member at an annual cost of no more than five percent of the
2396		-	75.16family's annual income.
2397		-	75.17 EFFECTIVE DATE.This section is effective January 1, 2026.
2398		-	75.18Sec. 10. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2399		-	75.19read:
2400		-	75.20 Subd. 15.Contribution reduction.(a) The commissioner shall reduce the contribution
2401		-	75.21under subdivision 8 by $300 per fiscal year if, in the 12 months prior to July 1:
2402		-	75.22 (1) the parent applied for insurance for the child;
2403		-	75.23 (2) the insurer denied insurance;
2404		-	75.24 (3) the parents submitted a complaint or appeal in writing to the insurer, submitted a
2405		-	75.25complaint or appeal in writing to the commissioner of health or the commissioner of
2406		-	75.26commerce, or litigated the complaint or appeal; and
2407		-	75.27 (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
2408		-	75.28 (b) A parent who has requested a reduction in the contribution amount under this
2409		-	75.29subdivision must submit proof in the form and manner prescribed by the commissioner or
2410		-	75.30local agency, including but not limited to the insurer's denial of insurance, the written letter
2411		-	75.31or complaint of the parents, court documents, and the written response of the insurer
	78	+	REVISOR AGW/AC 25-0033903/03/25 3.1 (c) to license or certify beds in a project recommended for approval under section
	79	+	3.2144A.073;
	80	+	3.3 (d) to license or certify beds that are moved from an existing state nursing home to a
	81	+	3.4different state facility, provided there is no net increase in the number of state nursing home
	82	+	3.5beds;
	83	+	3.6 (e) to certify and license as nursing home beds boarding care beds in a certified boarding
	84	+	3.7care facility if the beds meet the standards for nursing home licensure, or in a facility that
	85	+	3.8was granted an exception to the moratorium under section 144A.073, and if the cost of any
	86	+	3.9remodeling of the facility does not exceed $1,000,000. If boarding care beds are licensed
	87	+	3.10as nursing home beds, the number of boarding care beds in the facility must not increase
	88	+	3.11beyond the number remaining at the time of the upgrade in licensure. The provisions
	89	+	3.12contained in section 144A.073 regarding the upgrading of the facilities do not apply to
	90	+	3.13facilities that satisfy these requirements;
	91	+	3.14 (f) to license and certify up to 40 beds transferred from an existing facility owned and
	92	+	3.15operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
	93	+	3.16same location as the existing facility that will serve persons with Alzheimer's disease and
	94	+	3.17other related disorders. The transfer of beds may occur gradually or in stages, provided the
	95	+	3.18total number of beds transferred does not exceed 40. At the time of licensure and certification
	96	+	3.19of a bed or beds in the new unit, the commissioner of health shall delicense and decertify
	97	+	3.20the same number of beds in the existing facility. As a condition of receiving a license or
	98	+	3.21certification under this clause, the facility must make a written commitment to the
	99	+	3.22commissioner of human services that it will not seek to receive an increase in its
	100	+	3.23property-related payment rate as a result of the transfers allowed under this paragraph;
	101	+	3.24 (g) to license and certify nursing home beds to replace currently licensed and certified
	102	+	3.25boarding care beds which may be located either in a remodeled or renovated boarding care
	103	+	3.26or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
	104	+	3.27nursing home facility within the identifiable complex of health care facilities in which the
	105	+	3.28currently licensed boarding care beds are presently located, provided that the number of
	106	+	3.29boarding care beds in the facility or complex are decreased by the number to be licensed as
	107	+	3.30nursing home beds and further provided that, if the total costs of new construction,
	108	+	3.31replacement, remodeling, or renovation exceed ten percent of the appraised value of the
	109	+	3.32facility or $200,000, whichever is less, the facility makes a written commitment to the
	110	+	3.33commissioner of human services that it will not seek to receive an increase in its
	111	+	3.34property-related payment rate by reason of the new construction, replacement, remodeling,
	112	+	3Article 1 Section 1.
	113	+	REVISOR AGW/AC 25-0033903/03/25 4.1or renovation. The provisions contained in section 144A.073 regarding the upgrading of
	114	+	4.2facilities do not apply to facilities that satisfy these requirements;
	115	+	4.3 (h) to license as a nursing home and certify as a nursing facility a facility that is licensed
	116	+	4.4as a boarding care facility but not certified under the medical assistance program, but only
	117	+	4.5if the commissioner of human services certifies to the commissioner of health that licensing
	118	+	4.6the facility as a nursing home and certifying the facility as a nursing facility will result in
	119	+	4.7a net annual savings to the state general fund of $200,000 or more;
	120	+	4.8 (i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home
	121	+	4.9beds in a facility that was licensed and in operation prior to January 1, 1992;
	122	+	4.10 (j) to license and certify new nursing home beds to replace beds in a facility acquired
	123	+	4.11by the Minneapolis Community Development Agency as part of redevelopment activities
	124	+	4.12in a city of the first class, provided the new facility is located within three miles of the site
	125	+	4.13of the old facility. Operating and property costs for the new facility must be determined and
	126	+	4.14allowed under section 256B.431 or 256B.434 or chapter 256R;
	127	+	4.15 (k) to license and certify up to 20 new nursing home beds in a community-operated
	128	+	4.16hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991,
	129	+	4.17that suspended operation of the hospital in April 1986. The commissioner of human services
	130	+	4.18shall provide the facility with the same per diem property-related payment rate for each
	131	+	4.19additional licensed and certified bed as it will receive for its existing 40 beds;
	132	+	4.20 (l) to license or certify beds in renovation, replacement, or upgrading projects as defined
	133	+	4.21in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's
	134	+	4.22remodeling projects do not exceed $1,000,000;
	135	+	4.23 (m) to license and certify beds that are moved from one location to another for the
	136	+	4.24purposes of converting up to five four-bed wards to single or double occupancy rooms in
	137	+	4.25a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity
	138	+	4.26of 115 beds;
	139	+	4.27 (n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing
	140	+	4.28facility located in Minneapolis to layaway all of its licensed and certified nursing home
	141	+	4.29beds. These beds may be relicensed and recertified in a newly constructed teaching nursing
	142	+	4.30home facility affiliated with a teaching hospital upon approval by the legislature. The
	143	+	4.31proposal must be developed in consultation with the interagency committee on long-term
	144	+	4.32care planning. The beds on layaway status shall have the same status as voluntarily delicensed
	145	+	4.33and decertified beds, except that beds on layaway status remain subject to the surcharge in
	146	+	4.34section 256.9657. This layaway provision expires July 1, 1998;
	147	+	4Article 1 Section 1.
	148	+	REVISOR AGW/AC 25-0033903/03/25 5.1 (o) to allow a project which will be completed in conjunction with an approved
	149	+	5.2moratorium exception project for a nursing home in southern Cass County and which is
	150	+	5.3directly related to that portion of the facility that must be repaired, renovated, or replaced,
	151	+	5.4to correct an emergency plumbing problem for which a state correction order has been
	152	+	5.5issued and which must be corrected by August 31, 1993;
	153	+	5.6 (p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing
	154	+	5.7facility located in Minneapolis to layaway, upon 30 days prior written notice to the
	155	+	5.8commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed
	156	+	5.9wards to single or double occupancy. Beds on layaway status shall have the same status as
	157	+	5.10voluntarily delicensed and decertified beds except that beds on layaway status remain subject
	158	+	5.11to the surcharge in section 256.9657, remain subject to the license application and renewal
	159	+	5.12fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In
	160	+	5.13addition, at any time within three years of the effective date of the layaway, the beds on
	161	+	5.14layaway status may be:
	162	+	5.15 (1) relicensed and recertified upon relocation and reactivation of some or all of the beds
	163	+	5.16to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or
	164	+	5.17International Falls; provided that the total project construction costs related to the relocation
	165	+	5.18of beds from layaway status for any facility receiving relocated beds may not exceed the
	166	+	5.19dollar threshold provided in subdivision 2 unless the construction project has been approved
	167	+	5.20through the moratorium exception process under section 144A.073;
	168	+	5.21 (2) relicensed and recertified, upon reactivation of some or all of the beds within the
	169	+	5.22facility which placed the beds in layaway status, if the commissioner has determined a need
	170	+	5.23for the reactivation of the beds on layaway status.
	171	+	5.24 The property-related payment rate of a facility placing beds on layaway status must be
	172	+	5.25adjusted by the incremental change in its rental per diem after recalculating the rental per
	173	+	5.26diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
	174	+	5.27payment rate for a facility relicensing and recertifying beds from layaway status must be
	175	+	5.28adjusted by the incremental change in its rental per diem after recalculating its rental per
	176	+	5.29diem using the number of beds after the relicensing to establish the facility's capacity day
	177	+	5.30divisor, which shall be effective the first day of the month following the month in which
	178	+	5.31the relicensing and recertification became effective. Any beds remaining on layaway status
	179	+	5.32more than three years after the date the layaway status became effective must be removed
	180	+	5.33from layaway status and immediately delicensed and decertified;
	181	+	5Article 1 Section 1.
	182	+	REVISOR AGW/AC 25-0033903/03/25 6.1 (q) to license and certify beds in a renovation and remodeling project to convert 12
	183	+	6.2four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
	184	+	6.3home that, as of January 1, 1994, met the following conditions: the nursing home was located
	185	+	6.4in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the
	186	+	6.5top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total
	187	+	6.6project construction cost estimate for this project must not exceed the cost estimate submitted
	188	+	6.7in connection with the 1993 moratorium exception process;
	189	+	6.8 (r) to license and certify up to 117 beds that are relocated from a licensed and certified
	190	+	6.9138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds
	191	+	6.10located in South St. Paul, provided that the nursing facility and hospital are owned by the
	192	+	6.11same or a related organization and that prior to the date the relocation is completed the
	193	+	6.12hospital ceases operation of its inpatient hospital services at that hospital. After relocation,
	194	+	6.13the nursing facility's status shall be the same as it was prior to relocation. The nursing
	195	+	6.14facility's property-related payment rate resulting from the project authorized in this paragraph
	196	+	6.15shall become effective no earlier than April 1, 1996. For purposes of calculating the
	197	+	6.16incremental change in the facility's rental per diem resulting from this project, the allowable
	198	+	6.17appraised value of the nursing facility portion of the existing health care facility physical
	199	+	6.18plant prior to the renovation and relocation may not exceed $2,490,000;
	200	+	6.19 (s) to license and certify two beds in a facility to replace beds that were voluntarily
	201	+	6.20delicensed and decertified on June 28, 1991;
	202	+	6.21 (t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing
	203	+	6.22home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure
	204	+	6.23and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home
	205	+	6.24facility after completion of a construction project approved in 1993 under section 144A.073,
	206	+	6.25to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway
	207	+	6.26status shall have the same status as voluntarily delicensed or decertified beds except that
	208	+	6.27they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway
	209	+	6.28status may be relicensed as nursing home beds and recertified at any time within five years
	210	+	6.29of the effective date of the layaway upon relocation of some or all of the beds to a licensed
	211	+	6.30and certified facility located in Watertown, provided that the total project construction costs
	212	+	6.31related to the relocation of beds from layaway status for the Watertown facility may not
	213	+	6.32exceed the dollar threshold provided in subdivision 2 unless the construction project has
	214	+	6.33been approved through the moratorium exception process under section 144A.073.
	215	+	6.34 The property-related payment rate of the facility placing beds on layaway status must
	216	+	6.35be adjusted by the incremental change in its rental per diem after recalculating the rental
	217	+	6Article 1 Section 1.
	218	+	REVISOR AGW/AC 25-0033903/03/25 7.1per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
	219	+	7.2payment rate for the facility relicensing and recertifying beds from layaway status must be
	220	+	7.3adjusted by the incremental change in its rental per diem after recalculating its rental per
	221	+	7.4diem using the number of beds after the relicensing to establish the facility's capacity day
	222	+	7.5divisor, which shall be effective the first day of the month following the month in which
	223	+	7.6the relicensing and recertification became effective. Any beds remaining on layaway status
	224	+	7.7more than five years after the date the layaway status became effective must be removed
	225	+	7.8from layaway status and immediately delicensed and decertified;
	226	+	7.9 (u) to license and certify beds that are moved within an existing area of a facility or to
	227	+	7.10a newly constructed addition which is built for the purpose of eliminating three- and four-bed
	228	+	7.11rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas
	229	+	7.12in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed
	230	+	7.13capacity of 129 beds;
	231	+	7.14 (v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to
	232	+	7.15a 160-bed facility in Crow Wing County, provided all the affected beds are under common
	233	+	7.16ownership;
	234	+	7.17 (w) to license and certify a total replacement project of up to 49 beds located in Norman
	235	+	7.18County that are relocated from a nursing home destroyed by flood and whose residents were
	236	+	7.19relocated to other nursing homes. The operating cost payment rates for the new nursing
	237	+	7.20facility shall be determined based on the interim and settle-up payment provisions of section
	238	+	7.21256R.27 and the reimbursement provisions of chapter 256R. Property-related reimbursement
	239	+	7.22rates shall be determined under section 256R.26, taking into account any federal or state
	240	+	7.23flood-related loans or grants provided to the facility;
	241	+	7.24 (x) to license and certify to the licensee of a nursing home in Polk County that was
	242	+	7.25destroyed by flood in 1997 replacement projects with a total of up to 129 beds, with at least
	243	+	7.2625 beds to be located in Polk County and up to 104 beds distributed among up to three other
	244	+	7.27counties. These beds may only be distributed to counties with fewer than the median number
	245	+	7.28of age intensity adjusted beds per thousand, as most recently published by the commissioner
	246	+	7.29of human services. If the licensee chooses to distribute beds outside of Polk County under
	247	+	7.30this paragraph, prior to distributing the beds, the commissioner of health must approve the
	248	+	7.31location in which the licensee plans to distribute the beds. The commissioner of health shall
	249	+	7.32consult with the commissioner of human services prior to approving the location of the
	250	+	7.33proposed beds. The licensee may combine these beds with beds relocated from other nursing
	251	+	7.34facilities as provided in section 144A.073, subdivision 3c. The operating payment rates for
	252	+	7.35the new nursing facilities shall be determined based on the interim and settle-up payment
	253	+	7Article 1 Section 1.
	254	+	REVISOR AGW/AC 25-0033903/03/25 8.1provisions of Minnesota Rules, parts 9549.0010 to 9549.0080. Property-related
	255	+	8.2reimbursement rates shall be determined under section 256R.26. If the replacement beds
	256	+	8.3permitted under this paragraph are combined with beds from other nursing facilities, the
	257	+	8.4rates shall be calculated as the weighted average of rates determined as provided in this
	258	+	8.5paragraph and section 256R.50;
	259	+	8.6 (y) to license and certify beds in a renovation and remodeling project to convert 13
	260	+	8.7three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and add
	261	+	8.8improvements in a nursing home that, as of January 1, 1994, met the following conditions:
	262	+	8.9the nursing home was located in Ramsey County, was not owned by a hospital corporation,
	263	+	8.10had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by
	264	+	8.11the 1993 moratorium exceptions advisory review panel. The total project construction cost
	265	+	8.12estimate for this project must not exceed the cost estimate submitted in connection with the
	266	+	8.131993 moratorium exception process;
	267	+	8.14 (z) to license and certify up to 150 nursing home beds to replace an existing 285 bed
	268	+	8.15nursing facility located in St. Paul. The replacement project shall include both the renovation
	269	+	8.16of existing buildings and the construction of new facilities at the existing site. The reduction
	270	+	8.17in the licensed capacity of the existing facility shall occur during the construction project
	271	+	8.18as beds are taken out of service due to the construction process. Prior to the start of the
	272	+	8.19construction process, the facility shall provide written information to the commissioner of
	273	+	8.20health describing the process for bed reduction, plans for the relocation of residents, and
	274	+	8.21the estimated construction schedule. The relocation of residents shall be in accordance with
	275	+	8.22the provisions of law and rule;
	276	+	8.23 (aa) to allow the commissioner of human services to license an additional 36 beds to
	277	+	8.24provide residential services for the physically disabled under Minnesota Rules, parts
	278	+	8.259570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that
	279	+	8.26the total number of licensed and certified beds at the facility does not increase;
	280	+	8.27 (bb) to license and certify a new facility in St. Louis County with 44 beds constructed
	281	+	8.28to replace an existing facility in St. Louis County with 31 beds, which has resident rooms
	282	+	8.29on two separate floors and an antiquated elevator that creates safety concerns for residents
	283	+	8.30and prevents nonambulatory residents from residing on the second floor. The project shall
	284	+	8.31include the elimination of three- and four-bed rooms;
	285	+	8.32 (cc) to license and certify four beds in a 16-bed certified boarding care home in
	286	+	8.33Minneapolis to replace beds that were voluntarily delicensed and decertified on or before
	287	+	8.34March 31, 1992. The licensure and certification is conditional upon the facility periodically
	288	+	8Article 1 Section 1.
	289	+	REVISOR AGW/AC 25-0033903/03/25 9.1assessing and adjusting its resident mix and other factors which may contribute to a potential
	290	+	9.2institution for mental disease declaration. The commissioner of human services shall retain
	291	+	9.3the authority to audit the facility at any time and shall require the facility to comply with
	292	+	9.4any requirements necessary to prevent an institution for mental disease declaration, including
	293	+	9.5delicensure and decertification of beds, if necessary;
	294	+	9.6 (dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80
	295	+	9.7beds as part of a renovation project. The renovation must include construction of an addition
	296	+	9.8to accommodate ten residents with beginning and midstage dementia in a self-contained
	297	+	9.9living unit; creation of three resident households where dining, activities, and support spaces
	298	+	9.10are located near resident living quarters; designation of four beds for rehabilitation in a
	299	+	9.11self-contained area; designation of 30 private rooms; and other improvements;
	300	+	9.12 (ee) to license and certify beds in a facility that has undergone replacement or remodeling
	301	+	9.13as part of a planned closure under section 256R.40;
	302	+	9.14 (ff) (ee) to license and certify a total replacement project of up to 124 beds located in
	303	+	9.15Wilkin County that are in need of relocation from a nursing home significantly damaged
	304	+	9.16by flood. The operating cost payment rates for the new nursing facility shall be determined
	305	+	9.17based on the interim and settle-up payment provisions of section 256R.27 and the
	306	+	9.18reimbursement provisions of chapter 256R. Property-related reimbursement rates shall be
	307	+	9.19determined under section 256R.26, taking into account any federal or state flood-related
	308	+	9.20loans or grants provided to the facility;
	309	+	9.21 (gg) (ff) to allow the commissioner of human services to license an additional nine beds
	310	+	9.22to provide residential services for the physically disabled under Minnesota Rules, parts
	311	+	9.239570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the
	312	+	9.24total number of licensed and certified beds at the facility does not increase;
	313	+	9.25 (hh) (gg) to license and certify up to 120 new nursing facility beds to replace beds in a
	314	+	9.26facility in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the
	315	+	9.27new facility is located within four miles of the existing facility and is in Anoka County.
	316	+	9.28Operating and property rates shall be determined and allowed under chapter 256R and
	317	+	9.29Minnesota Rules, parts 9549.0010 to 9549.0080; or
	318	+	9.30 (ii) (hh) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County
	319	+	9.31that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit
	320	+	9.32nursing facility located in the city of Columbia Heights or its affiliate. The transfer is effective
	321	+	9.33when the receiving facility notifies the commissioner in writing of the number of beds
	322	+	9.34accepted. The commissioner shall place all transferred beds on layaway status held in the
	323	+	9Article 1 Section 1.
	324	+	REVISOR AGW/AC 25-0033903/03/25 10.1name of the receiving facility. The layaway adjustment provisions of section 256B.431,
	325	+	10.2subdivision 30, do not apply to this layaway. The receiving facility may only remove the
	326	+	10.3beds from layaway for recertification and relicensure at the receiving facility's current site,
	327	+	10.4or at a newly constructed facility located in Anoka County. The receiving facility must
	328	+	10.5receive statutory authorization before removing these beds from layaway status, or may
	329	+	10.6remove these beds from layaway status if removal from layaway status is part of a
	330	+	10.7moratorium exception project approved by the commissioner under section 144A.073.
	331	+	10.8 EFFECTIVE DATE.This section is effective the day following final enactment.
	332	+	10.9 Sec. 2. Minnesota Statutes 2024, section 144A.071, subdivision 4c, is amended to read:
	333	+	10.10 Subd. 4c.Exceptions for replacement beds after June 30, 2003.(a) The commissioner
	334	+	10.11of health, in coordination with the commissioner of human services, may approve the
	335	+	10.12renovation, replacement, upgrading, or relocation of a nursing home or boarding care home,
	336	+	10.13under the following conditions:
	337	+	10.14 (1) to license and certify an 80-bed city-owned facility in Nicollet County to be
	338	+	10.15constructed on the site of a new city-owned hospital to replace an existing 85-bed facility
	339	+	10.16attached to a hospital that is also being replaced. The threshold allowed for this project
	340	+	10.17under section 144A.073 shall be the maximum amount available to pay the additional
	341	+	10.18medical assistance costs of the new facility;
	342	+	10.19 (2) to license and certify 29 beds to be added to an existing 69-bed facility in St. Louis
	343	+	10.20County, provided that the 29 beds must be transferred from active or layaway status at an
	344	+	10.21existing facility in St. Louis County that had 235 beds on April 1, 2003.
	345	+	10.22The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment
	346	+	10.23rate at that facility shall not be adjusted as a result of this transfer. The operating payment
	347	+	10.24rate of the facility adding beds after completion of this project shall be the same as it was
	348	+	10.25on the day prior to the day the beds are licensed and certified. This project shall not proceed
	349	+	10.26unless it is approved and financed under the provisions of section 144A.073;
	350	+	10.27 (3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of the new
	351	+	10.28beds are transferred from a 45-bed facility in Austin under common ownership that is closed
	352	+	10.29and 15 of the new beds are transferred from a 182-bed facility in Albert Lea under common
	353	+	10.30ownership; (ii) the commissioner of human services is authorized by the 2004 legislature
	354	+	10.31to negotiate budget-neutral planned nursing facility closures; and (iii) money is available
	355	+	10.32from planned closures of facilities under common ownership to make implementation of
	356	+	10.33this clause budget-neutral to the state. The bed capacity of the Albert Lea facility shall be
	357	+	10Article 1 Sec. 2.
	358	+	REVISOR AGW/AC 25-0033903/03/25 11.1reduced to 167 beds following the transfer. Of the 60 beds at the new facility, 20 beds shall
	359	+	11.2be used for a special care unit for persons with Alzheimer's disease or related dementias;
	360	+	11.3 (4) to license and certify up to 80 beds transferred from an existing state-owned nursing
	361	+	11.4facility in Cass County to a new facility located on the grounds of the Ah-Gwah-Ching
	362	+	11.5campus. The operating cost payment rates for the new facility shall be determined based
	363	+	11.6on the interim and settle-up payment provisions of section 256R.27 and the reimbursement
	364	+	11.7provisions of chapter 256R. The property payment rate for the first three years of operation
	365	+	11.8shall be $35 per day. For subsequent years, the property payment rate of $35 per day shall
	366	+	11.9be adjusted for inflation as provided in section 256B.434, subdivision 4, paragraph (c), as
	367	+	11.10long as the facility has a contract under section 256B.434;
	368	+	11.11 (5) (4) to initiate a pilot program to license and certify up to 80 beds transferred from
	369	+	11.12an existing county-owned nursing facility in Steele County relocated to the site of a new
	370	+	11.13acute care facility as part of the county's Communities for a Lifetime comprehensive plan
	371	+	11.14to create innovative responses to the aging of its population. Upon relocation to the new
	372	+	11.15site, the nursing facility shall delicense 28 beds. The payment rate for external fixed costs
	373	+	11.16for the new facility shall be increased by an amount as calculated according to items (i) to
	374	+	11.17(v):
	375	+	11.18 (i) compute the estimated decrease in medical assistance residents served by the nursing
	376	+	11.19facility by multiplying the decrease in licensed beds by the historical percentage of medical
	377	+	11.20assistance resident days;
	378	+	11.21 (ii) compute the annual savings to the medical assistance program from the delicensure
	379	+	11.22of 28 beds by multiplying the anticipated decrease in medical assistance residents, determined
	380	+	11.23in item (i), by the existing facility's weighted average payment rate multiplied by 365;
	381	+	11.24 (iii) compute the anticipated annual costs for community-based services by multiplying
	382	+	11.25the anticipated decrease in medical assistance residents served by the nursing facility,
	383	+	11.26determined in item (i), by the average monthly elderly waiver service costs for individuals
	384	+	11.27in Steele County multiplied by 12;
	385	+	11.28 (iv) subtract the amount in item (iii) from the amount in item (ii);
	386	+	11.29 (v) divide the amount in item (iv) by an amount equal to the relocated nursing facility's
	387	+	11.30occupancy factor under section 256B.431, subdivision 3f, paragraph (c), multiplied by the
	388	+	11.31historical percentage of medical assistance resident days; and
	389	+	11.32 (6) (5) to consolidate and relocate nursing facility beds to a new site in Goodhue County
	390	+	11.33and to integrate these services with other community-based programs and services under a
	391	+	11Article 1 Sec. 2.
	392	+	REVISOR AGW/AC 25-0033903/03/25 12.1communities for a lifetime pilot program and comprehensive plan to create innovative
	393	+	12.2responses to the aging of its population. Two nursing facilities, one for 84 beds and one for
	394	+	12.365 beds, in the city of Red Wing licensed on July 1, 2015, shall be consolidated into a newly
	395	+	12.4renovated 64-bed nursing facility resulting in the delicensure of 85 beds. Notwithstanding
	396	+	12.5the carryforward of the approval authority in section 144A.073, subdivision 11, the funding
	397	+	12.6approved in April 2009 by the commissioner of health for a project in Goodhue County
	398	+	12.7shall not carry forward. The closure of the 85 beds shall not be eligible for a planned closure
	399	+	12.8rate adjustment under Minnesota Statutes 2024, section 256R.40. The construction project
	400	+	12.9permitted in this clause shall not be eligible for a threshold project rate adjustment under
	401	+	12.10section 256B.434, subdivision 4f. The payment rate for external fixed costs for the new
	402	+	12.11facility shall be increased by an amount as calculated according to items (i) to (vi):
	403	+	12.12 (i) compute the estimated decrease in medical assistance residents served by both nursing
	404	+	12.13facilities by multiplying the difference between the occupied beds of the two nursing facilities
	405	+	12.14for the reporting year ending September 30, 2009, and the projected occupancy of the facility
	406	+	12.15at 95 percent occupancy by the historical percentage of medical assistance resident days;
	407	+	12.16 (ii) compute the annual savings to the medical assistance program from the delicensure
	408	+	12.17by multiplying the anticipated decrease in the medical assistance residents, determined in
	409	+	12.18item (i), by the hospital-owned nursing facility weighted average payment rate multiplied
	410	+	12.19by 365;
	411	+	12.20 (iii) compute the anticipated annual costs for community-based services by multiplying
	412	+	12.21the anticipated decrease in medical assistance residents served by the facilities, determined
	413	+	12.22in item (i), by the average monthly elderly waiver service costs for individuals in Goodhue
	414	+	12.23County multiplied by 12;
	415	+	12.24 (iv) subtract the amount in item (iii) from the amount in item (ii);
	416	+	12.25 (v) multiply the amount in item (iv) by 57.2 percent; and
	417	+	12.26 (vi) divide the difference of the amount in item (iv) and the amount in item (v) by an
	418	+	12.27amount equal to the relocated nursing facility's occupancy factor under section 256B.431,
	419	+	12.28subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance
	420	+	12.29resident days.
	421	+	12.30 (b) Projects approved under this subdivision shall be treated in a manner equivalent to
	422	+	12.31projects approved under subdivision 4a.
	423	+	12.32 EFFECTIVE DATE.This section is effective the day following final enactment.
	424	+	12Article 1 Sec. 2.
	425	+	REVISOR AGW/AC 25-0033903/03/25 13.1 Sec. 3. Minnesota Statutes 2024, section 144A.071, subdivision 4d, is amended to read:
	426	+	13.2 Subd. 4d.Consolidation of nursing facilities.(a) The commissioner of health, in
	427	+	13.3consultation with the commissioner of human services, may approve a request for
	428	+	13.4consolidation of nursing facilities which includes the closure of one or more facilities and
	429	+	13.5the upgrading of the physical plant of the remaining nursing facility or facilities, the costs
	430	+	13.6of which exceed the threshold project limit under subdivision 2, clause (a). The
	431	+	13.7commissioners shall consider the criteria in this section, section 144A.073, and Minnesota
	432	+	13.8Statutes 2024, section 256R.40, in approving or rejecting a consolidation proposal. In the
	433	+	13.9event the commissioners approve the request, the commissioner of human services shall
	434	+	13.10calculate an external fixed costs rate adjustment according to clauses (1) to (3):
	435	+	13.11 (1) the closure of beds shall not be eligible for a planned closure rate adjustment under
	436	+	13.12Minnesota Statutes 2024, section 256R.40, subdivision 5;
	437	+	13.13 (2) the construction project permitted in this clause shall not be eligible for a threshold
	438	+	13.14project rate adjustment under section 256B.434, subdivision 4f, or a moratorium exception
	439	+	13.15adjustment under section 144A.073; and
	440	+	13.16 (3) the payment rate for external fixed costs for a remaining facility or facilities shall
	441	+	13.17be increased by an amount equal to 65 percent of the projected net cost savings to the state
	442	+	13.18calculated in paragraph (b), divided by the state's medical assistance percentage of medical
	443	+	13.19assistance dollars, and then divided by estimated medical assistance resident days, as
	444	+	13.20determined in paragraph (c), of the remaining nursing facility or facilities in the request in
	445	+	13.21this paragraph. The rate adjustment is effective on the first day of the month of January or
	446	+	13.22July, whichever date occurs first following both the completion of the construction upgrades
	447	+	13.23in the consolidation plan and the complete closure of the facility or facilities designated for
	448	+	13.24closure in the consolidation plan. If more than one facility is receiving upgrades in the
	449	+	13.25consolidation plan, each facility's date of construction completion must be evaluated
	450	+	13.26separately.
	451	+	13.27 (b) For purposes of calculating the net cost savings to the state, the commissioner shall
	452	+	13.28consider clauses (1) to (7):
	453	+	13.29 (1) the annual savings from estimated medical assistance payments from the net number
	454	+	13.30of beds closed taking into consideration only beds that are in active service on the date of
	455	+	13.31the request and that have been in active service for at least three years;
	456	+	13.32 (2) the estimated annual cost of increased case load of individuals receiving services
	457	+	13.33under the elderly waiver;
	458	+	13Article 1 Sec. 3.
	459	+	REVISOR AGW/AC 25-0033903/03/25 14.1 (3) the estimated annual cost of elderly waiver recipients receiving support under housing
	460	+	14.2support under chapter 256I;
	461	+	14.3 (4) the estimated annual cost of increased case load of individuals receiving services
	462	+	14.4under the alternative care program;
	463	+	14.5 (5) the annual loss of license surcharge payments on closed beds;
	464	+	14.6 (6) the savings from not paying planned closure rate adjustments that the facilities would
	465	+	14.7otherwise be eligible for under Minnesota Statutes 2024, section 256R.40; and
	466	+	14.8 (7) the savings from not paying external fixed costs payment rate adjustments from
	467	+	14.9submission of renovation costs that would otherwise be eligible as threshold projects under
	468	+	14.10section 256B.434, subdivision 4f.
	469	+	14.11 (c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical
	470	+	14.12assistance resident days of the remaining facility or facilities shall be computed assuming
	471	+	14.1395 percent occupancy multiplied by the historical percentage of medical assistance resident
	472	+	14.14days of the remaining facility or facilities, as reported on the facility's or facilities' most
	473	+	14.15recent nursing facility statistical and cost report filed before the plan of closure is submitted,
	474	+	14.16multiplied by 365.
	475	+	14.17 (d) For purposes of net cost of savings to the state in paragraph (b), the average occupancy
	476	+	14.18percentages will be those reported on the facility's or facilities' most recent nursing facility
	477	+	14.19statistical and cost report filed before the plan of closure is submitted, and the average
	478	+	14.20payment rates shall be calculated based on the approved payment rates in effect at the time
	479	+	14.21the consolidation request is submitted.
	480	+	14.22 (e) To qualify for the external fixed costs payment rate adjustment under this subdivision,
	481	+	14.23the closing facilities shall:
	482	+	14.24 (1) submit an application for closure according to Minnesota Statutes 2024, section
	483	+	14.25256R.40, subdivision 2; and
	484	+	14.26 (2) follow the resident relocation provisions of section 144A.161.
	485	+	14.27 (f) The county or counties in which a facility or facilities are closed under this subdivision
	486	+	14.28shall not be eligible for designation as a hardship area under subdivision 3 for five years
	487	+	14.29from the date of the approval of the proposed consolidation. The applicant shall notify the
	488	+	14.30county of this limitation and the county shall acknowledge this in a letter of support.
	489	+	14.31 (g) Projects approved on or after March 1, 2020, are not subject to paragraph (a), clauses
	490	+	14.32(2) and (3), and paragraph (c). The 65 percent projected net cost savings to the state calculated
	491	+	14Article 1 Sec. 3.
	492	+	REVISOR AGW/AC 25-0033903/03/25 15.1in paragraph (b) must be applied to the moratorium cost of the project and the remainder
	493	+	15.2must be added to the moratorium funding under section 144A.073, subdivision 11.
	494	+	15.3 (h) Consolidation project applications not approved by the commissioner prior to March
	495	+	15.41, 2020, are subject to the moratorium process under section 144A.073, subdivision 2. Upon
	496	+	15.5request by the applicant, the commissioner may extend this deadline to August 1, 2020, so
	497	+	15.6long as the facilities, bed numbers, and counties specified in the original application are not
	498	+	15.7altered. Proposals from facilities seeking approval for a consolidation project prior to March
	499	+	15.81, 2020, must be received by the commissioner no later than January 1, 2020. This paragraph
	500	+	15.9expires August 1, 2020.
	501	+	15.10 EFFECTIVE DATE.This section is effective the day following final enactment.
	502	+	15.11Sec. 4. Minnesota Statutes 2024, section 144A.161, subdivision 10, is amended to read:
	503	+	15.12 Subd. 10.Facility closure rate adjustment.Upon the request of a closing facility, the
	504	+	15.13commissioner of human services must allow the facility a closure rate adjustment equal to
	505	+	15.14a 50 percent payment rate increase to reimburse relocation costs or other costs related to
	506	+	15.15facility closure. This rate increase is effective on the date the facility's occupancy decreases
	507	+	15.16to 90 percent of capacity days after the written notice of closure is distributed under
	508	+	15.17subdivision 5 and shall remain in effect for a period of up to 60 days. The commissioner
	509	+	15.18shall delay the implementation of rate adjustments under section 256R.40, subdivisions 5
	510	+	15.19and 6, to offset the cost of this rate adjustment.
	511	+	15.20 EFFECTIVE DATE.This section is effective the day following final enactment.
	512	+	15.21Sec. 5. Minnesota Statutes 2024, section 256.9657, subdivision 1, is amended to read:
	513	+	15.22 Subdivision 1.Nursing home license surcharge.(a) Effective July 1, 1993, each
	514	+	15.23non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner
	515	+	15.24an annual surcharge according to the schedule in subdivision 4. The surcharge shall be
	516	+	15.25calculated as $620 per licensed bed. If the number of licensed beds is reduced, the surcharge
	517	+	15.26shall be based on the number of remaining licensed beds the second month following the
	518	+	15.27receipt of timely notice by the commissioner of human services that beds have been
	519	+	15.28delicensed. The nursing home must notify the commissioner of health in writing when beds
	520	+	15.29are delicensed. The commissioner of health must notify the commissioner of human services
	521	+	15.30within ten working days after receiving written notification. If the notification is received
	522	+	15.31by the commissioner of human services by the 15th of the month, the invoice for the second
	523	+	15.32following month must be reduced to recognize the delicensing of beds. Beds on layaway
	524	+	15.33status continue to be subject to the surcharge. The commissioner of human services must
	525	+	15Article 1 Sec. 5.
	526	+	REVISOR AGW/AC 25-0033903/03/25 16.1acknowledge a medical care surcharge appeal within 30 days of receipt of the written appeal
	527	+	16.2from the provider.
	528	+	16.3 (b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.
	529	+	16.4 (c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased to
	530	+	16.5$990.
	531	+	16.6 (d) (b) Effective July 15, 2003, the surcharge under paragraph (c) this subdivision shall
	532	+	16.7be increased to $2,815.
	533	+	16.8 (e) (c) The commissioner may reduce, and may subsequently restore, the surcharge under
	534	+	16.9paragraph (d) (b) based on the commissioner's determination of a permissible surcharge.
	535	+	16.10 EFFECTIVE DATE.This section is effective the day following final enactment.
	536	+	16.11Sec. 6. Minnesota Statutes 2024, section 256B.431, subdivision 30, is amended to read:
	537	+	16.12 Subd. 30.Bed layaway and delicensure.(a) For rate years beginning on or after July
	538	+	16.131, 2000, a nursing facility reimbursed under this section which has placed beds on layaway
	539	+	16.14shall, for purposes of application of the downsizing incentive in subdivision 3a, paragraph
	540	+	16.15(c), and calculation of the rental per diem, have those beds given the same effect as if the
	541	+	16.16beds had been delicensed so long as the beds remain on layaway. At the time of a layaway,
	542	+	16.17a facility may change its single bed election for use in calculating capacity days under
	543	+	16.18Minnesota Rules, part 9549.0060, subpart 11. The property payment rate increase shall be
	544	+	16.19effective the first day of the month of January or July, whichever occurs first following the
	545	+	16.20date on which the layaway of the beds becomes effective under section 144A.071, subdivision
	546	+	16.214b.
	547	+	16.22 (b) For rate years beginning on or after July 1, 2000, notwithstanding any provision to
	548	+	16.23the contrary under section 256B.434 or chapter 256R, a nursing facility reimbursed under
	549	+	16.24that section or chapter that has placed beds on layaway shall, for so long as the beds remain
	550	+	16.25on layaway, be allowed to:
	551	+	16.26 (1) aggregate the applicable investment per bed limits based on the number of beds
	552	+	16.27licensed immediately prior to entering the alternative payment system;
	553	+	16.28 (2) retain or change the facility's single bed election for use in calculating capacity days
	554	+	16.29under Minnesota Rules, part 9549.0060, subpart 11; and
	555	+	16.30 (3) establish capacity days based on the number of beds immediately prior to the layaway
	556	+	16.31and the number of beds after the layaway.
	557	+	16Article 1 Sec. 6.
	558	+	REVISOR AGW/AC 25-0033903/03/25 17.1 The commissioner shall increase the facility's property payment rate by the incremental
	559	+	17.2increase in the rental per diem resulting from the recalculation of the facility's rental per
	560	+	17.3diem applying only the changes resulting from the layaway of beds and clauses (1), (2), and
	561	+	17.4(3). If a facility reimbursed under section 256B.434 or chapter 256R completes a moratorium
	562	+	17.5exception project after its base year, the base year property rate shall be the moratorium
	563	+	17.6project property rate. The base year rate shall be inflated by the factors in Minnesota Statutes
	564	+	17.72024, section 256B.434, subdivision 4, paragraph (c). The property payment rate increase
	565	+	17.8shall be effective the first day of the month of January or July, whichever occurs first
	566	+	17.9following the date on which the layaway of the beds becomes effective.
	567	+	17.10 (c) If a nursing facility removes a bed from layaway status in accordance with section
	568	+	17.11144A.071, subdivision 4b, the commissioner shall establish capacity days based on the
	569	+	17.12number of licensed and certified beds in the facility not on layaway and shall reduce the
	570	+	17.13nursing facility's property payment rate in accordance with paragraph (b).
	571	+	17.14 (d) For the rate years beginning on or after July 1, 2000, notwithstanding any provision
	572	+	17.15to the contrary under section 256B.434 or chapter 256R, a nursing facility reimbursed under
	573	+	17.16that section or chapter that has delicensed beds after July 1, 2000, by giving notice of the
	574	+	17.17delicensure to the commissioner of health according to the notice requirements in section
	575	+	17.18144A.071, subdivision 4b, shall be allowed to:
	576	+	17.19 (1) aggregate the applicable investment per bed limits based on the number of beds
	577	+	17.20licensed immediately prior to entering the alternative payment system;
	578	+	17.21 (2) retain or change the facility's single bed election for use in calculating capacity days
	579	+	17.22under Minnesota Rules, part 9549.0060, subpart 11; and
	580	+	17.23 (3) establish capacity days based on the number of beds immediately prior to the
	581	+	17.24delicensure and the number of beds after the delicensure.
	582	+	17.25 The commissioner shall increase the facility's property payment rate by the incremental
	583	+	17.26increase in the rental per diem resulting from the recalculation of the facility's rental per
	584	+	17.27diem applying only the changes resulting from the delicensure of beds and clauses (1), (2),
	585	+	17.28and (3). If a facility reimbursed under section 256B.434 completes a moratorium exception
	586	+	17.29project after its base year, the base year property rate shall be the moratorium project property
	587	+	17.30rate. The base year rate shall be inflated by the factors in Minnesota Statutes 2024, section
	588	+	17.31256B.434, subdivision 4, paragraph (c). The property payment rate increase shall be effective
	589	+	17.32the first day of the month of January or July, whichever occurs first following the date on
	590	+	17.33which the delicensure of the beds becomes effective.
	591	+	17Article 1 Sec. 6.
	592	+	REVISOR AGW/AC 25-0033903/03/25 18.1 (e) For nursing facilities reimbursed under this section, section 256B.434, or chapter
	593	+	18.2256R, any beds placed on layaway shall not be included in calculating facility occupancy
	594	+	18.3as it pertains to leave days defined in Minnesota Rules, part 9505.0415.
	595	+	18.4 (f) For nursing facilities reimbursed under this section, section 256B.434, or chapter
	596	+	18.5256R, the rental rate calculated after placing beds on layaway may not be less than the rental
	597	+	18.6rate prior to placing beds on layaway.
	598	+	18.7 (g) A nursing facility receiving a rate adjustment as a result of this section shall comply
	599	+	18.8with section 256R.06, subdivision 5.
	600	+	18.9 (h) A facility that does not utilize the space made available as a result of bed layaway
	601	+	18.10or delicensure under this subdivision to reduce the number of beds per room or provide
	602	+	18.11more common space for nursing facility uses or perform other activities related to the
	603	+	18.12operation of the nursing facility shall have its property rate increase calculated under this
	604	+	18.13subdivision reduced by the ratio of the square footage made available that is not used for
	605	+	18.14these purposes to the total square footage made available as a result of bed layaway or
	606	+	18.15delicensure.
	607	+	18.16 (i) The commissioner must not increase the property payment rates under this subdivision
	608	+	18.17for beds placed in or removed from layaway on or after July 1, 2025.
	609	+	18.18 EFFECTIVE DATE.This section is effective July 1, 2025.
	610	+	18.19Sec. 7. Minnesota Statutes 2024, section 256R.02, subdivision 18, is amended to read:
	611	+	18.20 Subd. 18.Employer health insurance costs."Employer health insurance costs" means:
	612	+	18.21 (1) premium expenses for group coverage;
	613	+	18.22 (2) actual expenses incurred for self-insured plans, including actual claims paid, stop-loss
	614	+	18.23premiums, and plan fees. Actual expenses incurred for self-insured plans does not include
	615	+	18.24allowances for future funding unless the plan meets the Medicare provider reimbursement
	616	+	18.25manual requirements for reporting on a premium basis when the Medicare provider
	617	+	18.26reimbursement manual regulations define the actual costs; and
	618	+	18.27 (3) employer contributions to employer-sponsored individual coverage health
	619	+	18.28reimbursement arrangements as provided by Code of Federal Regulations, title 45, section
	620	+	18.29146.123, employee health reimbursement accounts, and health savings accounts.
	621	+	18.30 EFFECTIVE DATE.This section is effective the day following final enactment.
	622	+	18Article 1 Sec. 7.
	623	+	REVISOR AGW/AC 25-0033903/03/25 19.1 Sec. 8. Minnesota Statutes 2024, section 256R.02, subdivision 19, is amended to read:
	624	+	19.2 Subd. 19.External fixed costs."External fixed costs" means costs related to the nursing
	625	+	19.3home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
	626	+	19.4family advisory council fee under section 144A.33; scholarships under section 256R.37;
	627	+	19.5planned closure rate adjustments under section 256R.40; consolidation rate adjustments
	628	+	19.6under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d;
	629	+	19.7single-bed room incentives under section 256R.41; property taxes, special assessments, and
	630	+	19.8payments in lieu of taxes; employer health insurance costs; quality improvement incentive
	631	+	19.9payment rate adjustments under section 256R.39; performance-based incentive payments
	632	+	19.10under section 256R.38; special dietary needs under section 256R.51; and Public Employees
	633	+	19.11Retirement Association employer costs; and border city rate adjustments under section
	634	+	19.12256R.481.
	635	+	19.13 EFFECTIVE DATE.This section is effective January 1, 2026.
	636	+	19.14Sec. 9. Minnesota Statutes 2024, section 256R.02, subdivision 22, is amended to read:
	637	+	19.15 Subd. 22.Fringe benefit costs."Fringe benefit costs" means the costs for group life,;
	638	+	19.16dental,; workers' compensation,; short- and long-term disability,; long-term care insurance,;
	639	+	19.17accident insurance,; supplemental insurance,; legal assistance insurance,; profit sharing,;
	640	+	19.18child care costs,; health insurance costs not covered under subdivision 18, including costs
	641	+	19.19associated with eligible part-time employee family members or retirees,; and pension and
	642	+	19.20retirement plan contributions, except for the Public Employees Retirement Association
	643	+	19.21costs.
	644	+	19.22 EFFECTIVE DATE.This section is effective the day following final enactment.
	645	+	19.23Sec. 10. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision
	646	+	19.24to read:
	647	+	19.25 Subd. 36a.Patient driven payment model or PDPM."Patient driven payment model"
	648	+	19.26or "PDPM" has the meaning given in section 144.0724, subdivision 2.
	649	+	19.27 EFFECTIVE DATE.This section is effective the day following final enactment.
	650	+	19.28Sec. 11. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision
	651	+	19.29to read:
	652	+	19.30 Subd. 45a.Resource utilization group or RUG."Resource utilization group" or "RUG"
	653	+	19.31has the meaning given in section 144.0724, subdivision 2.
	654	+	19Article 1 Sec. 11.
	655	+	REVISOR AGW/AC 25-0033903/03/25 20.1 EFFECTIVE DATE.This section is effective the day following final enactment.
	656	+	20.2 Sec. 12. Minnesota Statutes 2024, section 256R.10, subdivision 8, is amended to read:
	657	+	20.3 Subd. 8.Employer health insurance costs.(a) Employer health insurance costs are
	658	+	20.4allowable for (1) all nursing facility employees, and (2) the spouse and dependents of those
	659	+	20.5employees who are employed on average at least 30 hours per week.
	660	+	20.6 (b) Effective for the rate year beginning on January 1, 2026, the annual reimbursement
	661	+	20.7cap for health insurance costs is $14,703, as adjusted according to paragraph (c). The
	662	+	20.8allowable costs for health insurance must not exceed the reimbursement cap multiplied by
	663	+	20.9the annual average month end number of allowed enrolled nursing facility employees from
	664	+	20.10the applicable cost report period. For shared employees, the allowable number of enrolled
	665	+	20.11employees includes only the nursing facility percentage of any shared allowed enrolled
	666	+	20.12employees. The allowable number of enrolled employees must not include non-nursing
	667	+	20.13facility employees or individuals who elect COBRA continuation coverage.
	668	+	20.14 (c) Effective for rate years beginning on or after January 1, 2026, the commissioner shall
	669	+	20.15adjust the annual reimbursement cap for employer health insurance costs by the previous
	670	+	20.16year's cap plus an inflation adjustment. The commissioner must index for the inflation based
	671	+	20.17on the change in the Consumer Price Index (all items-urban) (CPI-U) forecasted by the
	672	+	20.18Reports and Forecast Division of the Department of Human Services in the fourth quarter
	673	+	20.19of the calendar year preceding the rate year. The commissioner must base the inflation
	674	+	20.20adjustment on the 12-month period from the second quarter of the previous cost report year
	675	+	20.21to the second quarter of the cost report year for which the cap is being applied.
	676	+	20.22 (b) (d) The commissioner must not treat employer contributions to employer-sponsored
	677	+	20.23individual coverage health reimbursement arrangements as allowable costs if the facility
	678	+	20.24does not provide the commissioner copies of the employer-sponsored individual coverage
	679	+	20.25health reimbursement arrangement plan documents and documentation of any health
	680	+	20.26insurance premiums and associated co-payments reimbursed under the arrangement.
	681	+	20.27Documentation of reimbursements must denote any reimbursements for health insurance
	682	+	20.28premiums or associated co-payments incurred by the spouses or dependents of nursing
	683	+	20.29facility employees who work on average less than 30 hours per week.
	684	+	20.30 EFFECTIVE DATE.This section is effective the day following final enactment.
	685	+	20Article 1 Sec. 12.
	686	+	REVISOR AGW/AC 25-0033903/03/25 21.1 Sec. 13. Minnesota Statutes 2024, section 256R.23, subdivision 7, is amended to read:
	687	+	21.2 Subd. 7.Determination of direct care payment rates.A facility's direct care payment
	688	+	21.3rate equals the lesser of (1) the facility's direct care costs per standardized day, or (2) the
	689	+	21.4facility's direct care costs per standardized day divided by its cost to limit ratio, or (3) 102
	690	+	21.5percent of the previous year's other care-related payment rate.
	691	+	21.6 EFFECTIVE DATE.This section is effective January 1, 2026.
	692	+	21.7 Sec. 14. Minnesota Statutes 2024, section 256R.23, subdivision 8, is amended to read:
	693	+	21.8 Subd. 8.Determination of other care-related payment rates.A facility's other
	694	+	21.9care-related payment rate equals the lesser of (1) the facility's other care-related cost per
	695	+	21.10resident day, or (2) the facility's other care-related cost per resident day divided by its cost
	696	+	21.11to limit ratio, or (3) 102 percent of the previous year's other care-related payment rate.
	697	+	21.12 EFFECTIVE DATE.This section is effective January 1, 2026.
	698	+	21.13Sec. 15. Minnesota Statutes 2024, section 256R.24, subdivision 3, is amended to read:
	699	+	21.14 Subd. 3.Determination of the other operating payment rate.A facility's other
	700	+	21.15operating payment rate equals 105 percent of the median other operating cost per day or
	701	+	21.16102 percent of the previous year's other operating payment rate.
	702	+	21.17 EFFECTIVE DATE.This section is effective January 1, 2026.
	703	+	21.18Sec. 16. Minnesota Statutes 2024, section 256R.25, is amended to read:
	704	+	21.19 256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.
	705	+	21.20 (a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
	706	+	21.21(b) to (p) (m).
	707	+	21.22 (b) For a facility licensed as a nursing home, the portion related to the provider surcharge
	708	+	21.23under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a
	709	+	21.24nursing home and a boarding care home, the portion related to the provider surcharge under
	710	+	21.25section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number
	711	+	21.26of nursing home beds divided by its total number of licensed beds.
	712	+	21.27 (c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
	713	+	21.28amount of the fee divided by the sum of the facility's resident days.
	714	+	21.29 (d) The portion related to development and education of resident and family advisory
	715	+	21.30councils under section 144A.33 is $5 per resident day divided by 365.
	716	+	21Article 1 Sec. 16.
	717	+	REVISOR AGW/AC 25-0033903/03/25 22.1 (e) The portion related to scholarships is determined under section 256R.37.
	718	+	22.2 (f) The portion related to planned closure rate adjustments is as determined under section
	719	+	22.3256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.
	720	+	22.4 (g) (f) The portion related to consolidation rate adjustments shall be as determined under
	721	+	22.5section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.
	722	+	22.6 (h) The portion related to single-bed room incentives is as determined under section
	723	+	22.7256R.41.
	724	+	22.8 (i) (g) The portions related to real estate taxes, special assessments, and payments made
	725	+	22.9in lieu of real estate taxes directly identified or allocated to the nursing facility are the
	726	+	22.10allowable amounts divided by the sum of the facility's resident days. Allowable costs under
	727	+	22.11this paragraph for payments made by a nonprofit nursing facility that are in lieu of real
	728	+	22.12estate taxes shall not exceed the amount which the nursing facility would have paid to a
	729	+	22.13city or township and county for fire, police, sanitation services, and road maintenance costs
	730	+	22.14had real estate taxes been levied on that property for those purposes.
	731	+	22.15 (j) (h) The portion related to employer health insurance costs is the allowable costs
	732	+	22.16divided by the sum of the facility's resident days.
	733	+	22.17 (k) (i) The portion related to the Public Employees Retirement Association is the
	734	+	22.18allowable costs divided by the sum of the facility's resident days.
	735	+	22.19 (l) (j) The portion related to quality improvement incentive payment rate adjustments
	736	+	22.20is the amount determined under section 256R.39.
	737	+	22.21 (m) (k) The portion related to performance-based incentive payments is the amount
	738	+	22.22determined under section 256R.38.
	739	+	22.23 (n) (l) The portion related to special dietary needs is the amount determined under section
	740	+	22.24256R.51.
	741	+	22.25 (o) The portion related to the rate adjustments for border city facilities is the amount
	742	+	22.26determined under section 256R.481.
	743	+	22.27 (p) (m) The portion related to the rate adjustment for critical access nursing facilities is
	744	+	22.28the amount determined under section 256R.47.
	745	+	22.29 EFFECTIVE DATE.This section is effective January 1, 2026.
	746	+	22Article 1 Sec. 16.
	747	+	REVISOR AGW/AC 25-0033903/03/25 23.1 Sec. 17. Minnesota Statutes 2024, section 256R.26, subdivision 9, is amended to read:
	748	+	23.2 Subd. 9.Transition period.(a) A facility's property payment rate is the property rate
	749	+	23.3established for the facility under sections 256B.431 and 256B.434 until the facility's property
	750	+	23.4rate is transitioned upon completion of any project authorized under section 144A.071,
	751	+	23.5subdivision 3 or 4d; or 144A.073, subdivision 3, to the fair rental value property rate
	752	+	23.6calculated under this chapter.
	753	+	23.7 (b) Effective the first day of the first month of the calendar quarter after the completion
	754	+	23.8of the project described in paragraph (a), the commissioner shall transition a facility to the
	755	+	23.9property payment rate calculated under this chapter. The initial rate year ends on December
	756	+	23.1031 and may be less than a full 12-month period. The commissioner shall schedule an appraisal
	757	+	23.11within 90 days of the commissioner receiving notification from the facility that the project
	758	+	23.12is completed. The commissioner shall apply the property payment rate determined after the
	759	+	23.13appraisal retroactively to the first day of the first month of the calendar quarter after the
	760	+	23.14completion of the project.
	761	+	23.15 (c) Upon a facility's transition to the fair rental value property rates calculated under this
	762	+	23.16chapter, the facility's total property payment rate under subdivision 8 shall be the only
	763	+	23.17payment for costs related to capital assets, including depreciation, interest and lease expenses
	764	+	23.18for all depreciable assets, including movable equipment, land improvements, and land.
	765	+	23.19Facilities with property payment rates established under subdivisions 1 to 8 are not eligible
	766	+	23.20for planned closure rate adjustments under Minnesota Statutes 2024, section 256R.40;
	767	+	23.21consolidation rate adjustments under section 144A.071, subdivisions 4c, paragraph (a),
	768	+	23.22clauses (5) and (6), and 4d; single-bed room incentives under Minnesota Statutes 2024,
	769	+	23.23section 256R.41; and the property rate inflation adjustment under Minnesota Statutes 2024,
	770	+	23.24section 256B.434, subdivision 4. The commissioner shall remove any of these incentives
	771	+	23.25from the facility's existing rate upon the facility transitioning to the fair rental value property
	772	+	23.26rates calculated under this chapter.
	773	+	23.27 EFFECTIVE DATE.This section is effective January 1, 2026.
	774	+	23.28Sec. 18. Minnesota Statutes 2024, section 256R.43, is amended to read:
	775	+	23.29 256R.43 BED HOLDS.
	776	+	23.30 The commissioner shall limit payment for leave days in a nursing facility to 30 percent
	777	+	23.31of that nursing facility's total payment rate for the involved resident, and shall allow this
	778	+	23.32payment only when the occupancy of the nursing facility, inclusive of bed hold days, is
	779	+	23.33equal to or greater than 96 percent, notwithstanding Minnesota Rules, part 9505.0415. For
	780	+	23Article 1 Sec. 18.
	781	+	REVISOR AGW/AC 25-0033903/03/25 24.1the purpose of establishing leave day payments, the commissioner shall determine occupancy
	782	+	24.2based on the number of licensed and certified beds in the facility that are not in layaway
	783	+	24.3status.
	784	+	24.4 EFFECTIVE DATE.This section is effective the day following final enactment.
	785	+	24.5 Sec. 19. [256R.531] PATIENT DRIVEN PAYMENT MODEL PHASE-IN.
	786	+	24.6 Subdivision 1.Model phase-in.From October 1, 2025, to December 31, 2028, the
	787	+	24.7commissioner shall determine an adjustment to the total payment rate for each facility as
	788	+	24.8determined under sections 256R.21 and 256R.27 to phase in the direct care payment rate
	789	+	24.9from the RUG-IV case mix classification system to the patient driven payment model
	790	+	24.10(PDPM) case mix classification system.
	791	+	24.11 Subd. 2.RUG-IV standardized days and facility case mix index.(a) The commissioner
	792	+	24.12must determine the RUG-IV standardized days and facility average case mix using the sum
	793	+	24.13of the resident days by case mix classification for all payers on the Minnesota Statistical
	794	+	24.14and Cost Report.
	795	+	24.15 (b) For the rate year beginning January 1, 2028, to December 31, 2028:
	796	+	24.16 (1) the commissioner must determine the RUG-IV facility average case mix using the
	797	+	24.17sum of the resident days by the case mix classification for all payers on the September 30,
	798	+	24.182025, Minnesota Statistical and Cost Report; and
	799	+	24.19 (2) the commissioner must determine the RUG-IV standardized days by multiplying the
	800	+	24.20resident days on the September 30, 2026, Minnesota Statistical and Cost Report by the
	801	+	24.21RUG-IV facility case mix index determined under clause (1).
	802	+	24.22 Subd. 3.RUG-IV medical assistance case mix adjusted direct care payment rate.The
	803	+	24.23commissioner must determine a facility's RUG-IV blended medical assistance case mix
	804	+	24.24adjusted direct care payment rate as the product of:
	805	+	24.25 (1) the facility's RUG-IV direct care and payment rate determined in section 256R.23,
	806	+	24.26subdivision 7, using the RUG-IV standardized days determined in subdivision 2; and
	807	+	24.27 (2) the corresponding medical assistance facility average case mix index for medical
	808	+	24.28assistance days determined in subdivision 2.
	809	+	24.29 Subd. 4.PDPM medical assistance case mix adjusted direct care payment rate.The
	810	+	24.30commissioner must determine a facility's PDPM medical assistance case mix adjusted direct
	811	+	24.31care payment rate as the product of:
	812	+	24Article 1 Sec. 19.
	813	+	REVISOR AGW/AC 25-0033903/03/25 25.1 (1) the facility's direct care payment rate determined in section 256R.23, subdivision 7;
	814	+	25.2and
	815	+	25.3 (2) the corresponding medical assistance facility average case mix index for medical
	816	+	25.4assistance days as defined in section 256R.02, subdivision 20.
	817	+	25.5 Subd. 5.Blended medical assistance case mix adjusted direct care payment rate.The
	818	+	25.6commissioner must determine a facility's blended medical assistance case mix adjusted
	819	+	25.7direct care payment rate as the sum of:
	820	+	25.8 (1) the RUG-IV medical assistance case mix adjusted direct care payment rate determined
	821	+	25.9in subdivision 3 multiplied by the following percentages:
	822	+	25.10 (i) from October 1, 2025, to December 31, 2026, 75 percent;
	823	+	25.11 (ii) from January 1, 2027, to December 31, 2027, 50 percent; and
	824	+	25.12 (iii) from January 1, 2028, to December 31, 2028, 25 percent; and
	825	+	25.13 (2) the PDPM medical assistance case mix adjusted direct care payment rate determined
	826	+	25.14in subdivision 4 multiplied by the following percentages:
	827	+	25.15 (i) October 1, 2025, to December 31, 2026, 25 percent;
	828	+	25.16 (ii) January 1, 2027, to December 31, 2027, 50 percent; and
	829	+	25.17 (iii) January 1, 2028, to December 31, 2028, 75 percent.
	830	+	25.18 Subd. 6.PDPM phase-in rate adjustment.The commissioner shall determine a facility's
	831	+	25.19PDPM phase-in rate adjustment as the difference between:
	832	+	25.20 (1) the blended medical assistance case mix adjusted direct care payment rate determined
	833	+	25.21in subdivision 5; and
	834	+	25.22 (2) the PDPM medical assistance case mix adjusted direct care payment rate determined
	835	+	25.23in section 256R.23, subdivision 7.
	836	+	25.24 EFFECTIVE DATE.This section is effective October 1, 2025.
	837	+	25.25Sec. 20. [256R.532] NURSING FACILITY RATE ADD-ON FOR WORKFORCE
	838	+	25.26STANDARDS.
	839	+	25.27 (a) Effective for rate years beginning on and after January 1, 2028, or upon federal
	840	+	25.28approval, whichever is later, the commissioner shall annually provide a rate add-on amount
	841	+	25.29for nursing facilities reimbursed under this chapter for the initial standards for wages for
	842	+	25.30nursing home workers adopted by the Nursing Home Workforce Standards Board in
	843	+	25Article 1 Sec. 20.
	844	+	REVISOR AGW/AC 25-0033903/03/25 26.1Minnesota Rules, parts 5200.2060 to 5200.2090, pursuant to section 181.213, subdivision
	845	+	26.22, paragraph (c). The add-on amount is equal to:
	846	+	26.3 (1) $3.97 per resident day, effective January 1, 2028; and
	847	+	26.4 (2) $8.62 per resident day, effective January 1, 2029.
	848	+	26.5 (b) Effective upon federal approval, the commissioner must determine the add-on amount
	849	+	26.6for subsequent rate years in consultation with the commissioner of labor and industry.
	850	+	26.7 EFFECTIVE DATE.This section is effective the day following final enactment.
	851	+	26.8 Sec. 21. REPEALER.
	852	+	26.9 (a) Minnesota Statutes 2024, sections 256B.434, subdivision 4; 256R.02, subdivision
	853	+	26.1038; 256R.40; 256R.41; 256R.481; and 256R.53, subdivision 1, are repealed.
	854	+	26.11 (b) Minnesota Statutes 2024, sections 144A.1888; 256R.12, subdivision 10; and 256R.36,
	855	+	26.12are repealed.
	856	+	26.13 (c) Minnesota Statutes 2024, section 256R.23, subdivision 6, is repealed.
	857	+	26.14 EFFECTIVE DATE.Paragraph (a) is effective January 1, 2026. Paragraph (b) is
	858	+	26.15effective the day following final enactment. Paragraph (c) is effective October 1, 2025.
	859	+	26.16 ARTICLE 2
	860	+	26.17 DISABILITY SERVICES
	861	+	26.18Section 1. Minnesota Statutes 2024, section 179A.54, is amended by adding a subdivision
	862	+	26.19to read:
	863	+	26.20 Subd. 12.Minnesota Caregiver Defined Contribution Retirement Fund Trust.(a)
	864	+	26.21The state and an exclusive representative certified pursuant to this section may establish a
	865	+	26.22joint labor and management trust, referred to as the Minnesota Caregiver Defined
	866	+	26.23Contribution Retirement Fund Trust, for the exclusive purpose of creating, implementing,
	867	+	26.24and administering a retirement plan for individual providers of direct support services who
	868	+	26.25are represented by the exclusive representative.
	869	+	26.26 (b) The state must make financial contributions to the Minnesota Caregiver Defined
	870	+	26.27Contribution Retirement Fund Trust pursuant to a collective bargaining agreement negotiated
	871	+	26.28under this section. The financial contributions by the state must be held in trust for the
	872	+	26.29purpose of paying, from principal, income, or both, the costs associated with creating,
	873	+	26.30implementing, and administering a defined contribution retirement plan for individual
	874	+	26.31providers of direct support services working under a collective bargaining agreement and
	875	+	26Article 2 Section 1.
	876	+	REVISOR AGW/AC 25-0033903/03/25 27.1providing services through a covered program under section 256B.0711. A board of trustees
	877	+	27.2composed of an equal number of trustees appointed by the governor and trustees appointed
	878	+	27.3by the exclusive representative under this section must administer, manage, and otherwise
	879	+	27.4jointly control the Minnesota Caregiver Defined Contribution Retirement Fund Trust. The
	880	+	27.5trust must not be an agent of either the state or the exclusive representative.
	881	+	27.6 (c) A third-party administrator, financial management institution, other appropriate
	882	+	27.7entity, or any combination thereof may provide trust administrative, management, legal,
	883	+	27.8and financial services to the board of trustees as designated by the board of trustees from
	884	+	27.9time to time. The services must be paid from the money held in trust and created by the
	885	+	27.10state's financial contributions to the Minnesota Caregiver Defined Contribution Retirement
	886	+	27.11Fund Trust.
	887	+	27.12 (d) The state is authorized to purchase liability insurance for members of the board of
	888	+	27.13trustees appointed by the governor.
	889	+	27.14 (e) Financial contributions to or participation in the management or administration of
	890	+	27.15the Minnesota Caregiver Defined Contribution Retirement Fund Trust must not be considered
	891	+	27.16an unfair labor practice under section 179A.13, or a violation of Minnesota law.
	892	+	27.17 EFFECTIVE DATE.This section is effective July 1, 2025.
	893	+	27.18Sec. 2. [245A.142] EARLY INTENSIVE DEVELOPMENT AL AND BEHAVIORAL
	894	+	27.19INTERVENTION PROVISIONAL LICENSURE.
	895	+	27.20 Subdivision 1.Regulatory powers.The commissioner shall regulate early intensive
	896	+	27.21developmental and behavioral intervention (EIDBI) agencies pursuant to this section.
	897	+	27.22 Subd. 2.Provisional license.(a) The commissioner shall issue a provisional license to
	898	+	27.23an agency providing EIDBI services as described in section 256B.0949 that meet the
	899	+	27.24requirements of this section by .... A provisional license is effective for up to one year from
	900	+	27.25the initial effective date of the license, except that a provisional license may be extended
	901	+	27.26according to subdivisions ..., paragraph (b), and 3.
	902	+	27.27 (b) Beginning ...., no agency providing EIDBI services may operate in Minnesota unless
	903	+	27.28licensed under this section.
	904	+	27.29 Subd. 3.Provisional license regulatory functions.The commissioner may:
	905	+	27.30 (1) license, survey, and monitor without advance notice in accordance with this section;
	906	+	27.31 (2) investigate reports of maltreatment;
	907	+	27.32 (3) investigate complaints against EIDBI agencies;
	908	+	27Article 2 Sec. 2.
	909	+	REVISOR AGW/AC 25-0033903/03/25 28.1 (4) issue correction orders and assess monetary penalties; and
	910	+	28.2 (5) take other action reasonably required to accomplish the purposes of this section.
	911	+	28.3 Subd. 4.Provisional license requirements.(a) A provisional license holder must:
	912	+	28.4 (1) identify all controlling individuals, as defined in section 245A.02, subdivision 5a,
	913	+	28.5for the agency;
	914	+	28.6 (2) provide documented disclosures surrounding the use of billing agencies or other
	915	+	28.7consultants, available to the department upon request;
	916	+	28.8 (3) establish provider policies and procedures related to staff training, staff qualifications,
	917	+	28.9quality assurance, and service activities;
	918	+	28.10 (4) document contracts with independent contractors for qualified supervising
	919	+	28.11professionals, including the number of hours contracted and responsibilities, available to
	920	+	28.12the department upon request; and
	921	+	28.13 (5) comply with section 256B.0949, subdivisions 2, 3a, 6, 7, 14, 15, 16, and 16a.
	922	+	28.14 (b) Provisional license holders must comply with this section within 90 calendar days
	923	+	28.15from the effective date of the provisional license.
	924	+	28.16 Subd. 5.Reporting of maltreatment.A provisional license holder must comply with
	925	+	28.17the requirements of reporting of maltreatment of vulnerable adults and minors under section
	926	+	28.18626.557 and chapter 260E.
	927	+	28.19 Subd. 6.Background studies.A provisional license holder must initiate a background
	928	+	28.20study through the commissioner's NETStudy system as provided under sections 245C.03,
	929	+	28.21subdivision 15, and 245C.10, subdivision 17.
	930	+	28.22 Subd. 7.Sanctions.If the provisional license holder is not in substantial compliance
	931	+	28.23with the requirements of this section after 90 days following the effective date of the
	932	+	28.24provisional license, the commissioner may either: (1) not renew or terminate the provisional
	933	+	28.25license; or (2) extend the provisional license for a period not to exceed 90 calendar days
	934	+	28.26and apply conditions necessary to bring the facility into substantial compliance. If the
	935	+	28.27provisional license holder is not in substantial compliance within the time allowed by the
	936	+	28.28extension or does not satisfy the license conditions, the commissioner may terminate the
	937	+	28.29license.
	938	+	28.30 Subd. 8.Reconsideration.(a) If a provisional license holder disagrees with a sanction
	939	+	28.31under subdivision 7, the provisional license holder may request reconsideration by the
	940	+	28Article 2 Sec. 2.
	941	+	REVISOR AGW/AC 25-0033903/03/25 29.1commissioner. The reconsideration request process must be conducted internally by the
	942	+	29.2commissioner and is not an administrative appeal under chapter 14 or section 256.045.
	943	+	29.3 (b) The provisional licensee requesting the reconsideration must make the request in
	944	+	29.4writing and list and describe the reasons why the provisional licensee disagrees with the
	945	+	29.5sanction under subdivision 7.
	946	+	29.6 (c) The reconsideration request and supporting documentation must be received by the
	947	+	29.7commissioner within 15 calendar days after the date the provisional licensee receives notice
	948	+	29.8of the sanction under subdivision 7.
	949	+	29.9 Subd. 9.Continued operation.A provisional license holder may continue to operate
	950	+	29.10after receiving notice of nonrenewal or termination:
	951	+	29.11 (1) during the 15 calendar day reconsideration window;
	952	+	29.12 (2) during the pendency of a reconsideration; or
	953	+	29.13 (3) while in active negotiation with the commissioner for an extension of the provisional
	954	+	29.14license with conditions, and the commissioner confirms the negotiation is active.
	955	+	29.15 Subd. 10.Transition to nonprovisional EIDBI license; future licensure standards.(a)
	956	+	29.16The commissioner must develop a process and transition plan for comprehensive EIDBI
	957	+	29.17agency licensure by January 1, 2026.
	958	+	29.18 (b) By December 1, 2026, the commissioner shall establish standards for nonprovisional
	959	+	29.19EIDBI agency licensure and submit proposed legislation to the chairs and ranking minority
	960	+	29.20members of the legislative committees with jurisdiction over human services licensing.
	961	+	29.21 EFFECTIVE DATE.This section is effective July 1, 2025.
	962	+	29.22Sec. 3. Minnesota Statutes 2024, section 245C.16, subdivision 1, is amended to read:
	963	+	29.23 Subdivision 1.Determining immediate risk of harm.(a) If the commissioner determines
	964	+	29.24that the individual studied has a disqualifying characteristic, the commissioner shall review
	965	+	29.25the information immediately available and make a determination as to the subject's immediate
	966	+	29.26risk of harm to persons served by the program where the individual studied will have direct
	967	+	29.27contact with, or access to, people receiving services.
	968	+	29.28 (b) The commissioner shall consider all relevant information available, including the
	969	+	29.29following factors in determining the immediate risk of harm:
	970	+	29.30 (1) the recency of the disqualifying characteristic;
	971	+	29.31 (2) the recency of discharge from probation for the crimes;
	972	+	29Article 2 Sec. 3.
	973	+	REVISOR AGW/AC 25-0033903/03/25 30.1 (3) the number of disqualifying characteristics;
	974	+	30.2 (4) the intrusiveness or violence of the disqualifying characteristic;
	975	+	30.3 (5) the vulnerability of the victim involved in the disqualifying characteristic;
	976	+	30.4 (6) the similarity of the victim to the persons served by the program where the individual
	977	+	30.5studied will have direct contact;
	978	+	30.6 (7) whether the individual has a disqualification from a previous background study that
	979	+	30.7has not been set aside;
	980	+	30.8 (8) if the individual has a disqualification which may not be set aside because it is a
	981	+	30.9permanent bar under section 245C.24, subdivision 1, or the individual is a child care
	982	+	30.10background study subject who has a felony-level conviction for a drug-related offense in
	983	+	30.11the last five years, the commissioner may order the immediate removal of the individual
	984	+	30.12from any position allowing direct contact with, or access to, persons receiving services from
	985	+	30.13the program and from working in a children's residential facility or foster residence setting;
	986	+	30.14and
	987	+	30.15 (9) if the individual has a disqualification which may not be set aside because it is a
	988	+	30.16permanent bar under section 245C.24, subdivision 2, or the individual is a child care
	989	+	30.17background study subject who has a felony-level conviction for a drug-related offense during
	990	+	30.18the last five years, the commissioner may order the immediate removal of the individual
	991	+	30.19from any position allowing direct contact with or access to persons receiving services from
	992	+	30.20the center and from working in a licensed child care center or certified license-exempt child
	993	+	30.21care center.
	994	+	30.22 (c) This section does not apply when the subject of a background study is regulated by
	995	+	30.23a health-related licensing board as defined in chapter 214, and the subject is determined to
	996	+	30.24be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
	997	+	30.25 (d) This section does not apply to a background study related to an initial application
	998	+	30.26for a child foster family setting license.
	999	+	30.27 (e) Except for paragraph (f), this section does not apply to a background study that is
	1000	+	30.28also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
	1001	+	30.29personal care assistant or a qualified professional as defined in section 256B.0659,
	1002	+	30.30subdivision 1, or to a background study for an individual providing early intensive
	1003	+	30.31developmental and behavioral intervention services under section 245A.142 or 256B.0949.
	1004	+	30.32 (f) If the commissioner has reason to believe, based on arrest information or an active
	1005	+	30.33maltreatment investigation, that an individual poses an imminent risk of harm to persons
	1006	+	30Article 2 Sec. 3.
	1007	+	REVISOR AGW/AC 25-0033903/03/25 31.1receiving services, the commissioner may order that the person be continuously supervised
	1008	+	31.2or immediately removed pending the conclusion of the maltreatment investigation or criminal
	1009	+	31.3proceedings.
	1010	+	31.4 EFFECTIVE DATE.This section is effective .....
	1011	+	31.5 Sec. 4. Minnesota Statutes 2024, section 256B.0659, subdivision 17a, is amended to read:
	1012	+	31.6 Subd. 17a.Enhanced rate.(a) An enhanced rate of 107.5 percent of the rate paid for
	1013	+	31.7personal care assistance services shall be paid for services provided to persons who qualify
	1014	+	31.8for ten or more hours of personal care assistance services per day when provided by a
	1015	+	31.9personal care assistant who meets the requirements of subdivision 11, paragraph (d). This
	1016	+	31.10paragraph expires upon the effective date of paragraph (b).
	1017	+	31.11 (b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
	1018	+	31.12rate of 112.5 percent of the rate paid for personal care assistance services shall be paid for
	1019	+	31.13services provided to persons who qualify for ten or more hours of personal care assistance
	1020	+	31.14services per day when provided by a personal care assistant who meets the requirements of
	1021	+	31.15subdivision 11, paragraph (d).
	1022	+	31.16 (b) (c) A personal care assistance provider must use all additional revenue attributable
	1023	+	31.17to the rate enhancements under this subdivision for the wages and wage-related costs of the
	1024	+	31.18personal care assistants, including any corresponding increase in the employer's share of
	1025	+	31.19FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
	1026	+	31.20compensation premiums. The agency must not use the additional revenue attributable to
	1027	+	31.21any enhanced rate under this subdivision to pay for mileage reimbursement, health and
	1028	+	31.22dental insurance, life insurance, disability insurance, long-term care insurance, uniform
	1029	+	31.23allowance, contributions to employee retirement accounts, or any other employee benefits.
	1030	+	31.24 (c) (d) Any change in the eligibility criteria for the enhanced rate for personal care
	1031	+	31.25assistance services as described in this subdivision and referenced in subdivision 11,
	1032	+	31.26paragraph (d), does not constitute a change in a term or condition for individual providers
	1033	+	31.27as defined in section 256B.0711, and is not subject to the state's obligation to meet and
	1034	+	31.28negotiate under chapter 179A.
	1035	+	31.29 EFFECTIVE DATE.This section is effective the day following final enactment.
	1036	+	31.30Sec. 5. Minnesota Statutes 2024, section 256B.0924, subdivision 6, is amended to read:
	1037	+	31.31 Subd. 6.Payment for targeted case management.(a) Medical assistance and
	1038	+	31.32MinnesotaCare payment for targeted case management shall be made on a monthly basis.
	1039	+	31Article 2 Sec. 5.
	1040	+	REVISOR AGW/AC 25-0033903/03/25 32.1In order to receive payment for an eligible adult, the provider must document at least one
	1041	+	32.2contact per month and not more than two consecutive months without a face-to-face contact
	1042	+	32.3either in person or by interactive video that meets the requirements in section 256B.0625,
	1043	+	32.4subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
	1044	+	32.5or other relevant persons identified as necessary to the development or implementation of
	1045	+	32.6the goals of the personal service plan.
	1046	+	32.7 (b) Except as provided under paragraph (m), payment for targeted case management
	1047	+	32.8provided by county staff under this subdivision shall be based on the monthly rate
	1048	+	32.9methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
	1049	+	32.10combined average rate together with adult mental health case management under section
	1050	+	32.11256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate
	1051	+	32.12for case management under this section shall be the same as the rate for adult mental health
	1052	+	32.13case management in effect as of December 31, 2001. Billing and payment must identify the
	1053	+	32.14recipient's primary population group to allow tracking of revenues.
	1054	+	32.15 (c) Payment for targeted case management provided by county-contracted vendors shall
	1055	+	32.16be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
	1056	+	32.17The rate must not exceed the rate charged by the vendor for the same service to other payers.
	1057	+	32.18If the service is provided by a team of contracted vendors, the team shall determine how to
	1058	+	32.19distribute the rate among its members. No reimbursement received by contracted vendors
	1059	+	32.20shall be returned to the county, except to reimburse the county for advance funding provided
	1060	+	32.21by the county to the vendor.
	1061	+	32.22 (d) If the service is provided by a team that includes contracted vendors and county staff,
	1062	+	32.23the costs for county staff participation on the team shall be included in the rate for
	1063	+	32.24county-provided services. In this case, the contracted vendor and the county may each
	1064	+	32.25receive separate payment for services provided by each entity in the same month. In order
	1065	+	32.26to prevent duplication of services, the county must document, in the recipient's file, the need
	1066	+	32.27for team targeted case management and a description of the different roles of the team
	1067	+	32.28members.
	1068	+	32.29 (e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
	1069	+	32.30targeted case management shall be provided by the recipient's county of responsibility, as
	1070	+	32.31defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
	1071	+	32.32used to match other federal funds.
	1072	+	32.33 (f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
	1073	+	32.34that does not meet the reporting or other requirements of this section. The county of
	1074	+	32Article 2 Sec. 5.
	1075	+	REVISOR AGW/AC 25-0033903/03/25 33.1responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal
	1076	+	33.2disallowances. The county may share this responsibility with its contracted vendors.
	1077	+	33.3 (g) The commissioner shall set aside five percent of the federal funds received under
	1078	+	33.4this section for use in reimbursing the state for costs of developing and implementing this
	1079	+	33.5section.
	1080	+	33.6 (h) Payments to counties for targeted case management expenditures under this section
	1081	+	33.7shall only be made from federal earnings from services provided under this section. Payments
	1082	+	33.8to contracted vendors shall include both the federal earnings and the county share.
	1083	+	33.9 (i) Notwithstanding section 256B.041, county payments for the cost of case management
	1084	+	33.10services provided by county staff shall not be made to the commissioner of management
	1085	+	33.11and budget. For the purposes of targeted case management services provided by county
	1086	+	33.12staff under this section, the centralized disbursement of payments to counties under section
	1087	+	33.13256B.041 consists only of federal earnings from services provided under this section.
	1088	+	33.14 (j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
	1089	+	33.15and the recipient's institutional care is paid by medical assistance, payment for targeted case
	1090	+	33.16management services under this subdivision is limited to the lesser of:
	1091	+	33.17 (1) the last 180 days of the recipient's residency in that facility; or
	1092	+	33.18 (2) the limits and conditions which apply to federal Medicaid funding for this service.
	1093	+	33.19 (k) Payment for targeted case management services under this subdivision shall not
	1094	+	33.20duplicate payments made under other program authorities for the same purpose.
	1095	+	33.21 (l) Any growth in targeted case management services and cost increases under this
	1096	+	33.22section shall be the responsibility of the counties.
	1097	+	33.23 (m) The commissioner may make payments for Tribes according to section 256B.0625,
	1098	+	33.24subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
	1099	+	33.25adult and developmental disability targeted case management provided by Indian health
	1100	+	33.26services and facilities operated by a Tribe or Tribal organization.
	1101	+	33.27 EFFECTIVE DATE.This section is effective July 1, 2025.
	1102	+	33.28Sec. 6. Minnesota Statutes 2024, section 256B.0949, subdivision 15, is amended to read:
	1103	+	33.29 Subd. 15.EIDBI provider qualifications.(a) A QSP must be employed by an employee
	1104	+	33.30of an agency and be:
	1105	+	33Article 2 Sec. 6.
	1106	+	REVISOR AGW/AC 25-0033903/03/25 34.1 (1) a licensed mental health professional who has at least 2,000 hours of supervised
	1107	+	34.2clinical experience or training in examining or treating people with ASD or a related condition
	1108	+	34.3or equivalent documented coursework at the graduate level by an accredited university in
	1109	+	34.4ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
	1110	+	34.5development; or
	1111	+	34.6 (2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
	1112	+	34.7clinical experience or training in examining or treating people with ASD or a related condition
	1113	+	34.8or equivalent documented coursework at the graduate level by an accredited university in
	1114	+	34.9the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
	1115	+	34.10typical child development.
	1116	+	34.11 (b) A level I treatment provider must be employed by an employee of an agency and:
	1117	+	34.12 (1) have at least 2,000 hours of supervised clinical experience or training in examining
	1118	+	34.13or treating people with ASD or a related condition or equivalent documented coursework
	1119	+	34.14at the graduate level by an accredited university in ASD diagnostics, ASD developmental
	1120	+	34.15and behavioral treatment strategies, and typical child development or an equivalent
	1121	+	34.16combination of documented coursework or hours of experience; and
	1122	+	34.17 (2) have or be at least one of the following:
	1123	+	34.18 (i) a master's degree in behavioral health or child development or related fields including,
	1124	+	34.19but not limited to, mental health, special education, social work, psychology, speech
	1125	+	34.20pathology, or occupational therapy from an accredited college or university;
	1126	+	34.21 (ii) a bachelor's degree in a behavioral health, child development, or related field
	1127	+	34.22including, but not limited to, mental health, special education, social work, psychology,
	1128	+	34.23speech pathology, or occupational therapy, from an accredited college or university, and
	1129	+	34.24advanced certification in a treatment modality recognized by the department;
	1130	+	34.25 (iii) a board-certified behavior analyst as defined by the Behavior Analyst Certification
	1131	+	34.26Board or a qualified behavior analyst as defined by the Qualified Applied Behavior Analysis
	1132	+	34.27Credentialing Board; or
	1133	+	34.28 (iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
	1134	+	34.29experience that meets all registration, supervision, and continuing education requirements
	1135	+	34.30of the certification.
	1136	+	34.31 (c) A level II treatment provider must be employed by an employee of an agency and
	1137	+	34.32must be:
	1138	+	34Article 2 Sec. 6.
	1139	+	REVISOR AGW/AC 25-0033903/03/25 35.1 (1) a person who has a bachelor's degree from an accredited college or university in a
	1140	+	35.2behavioral or child development science or related field including, but not limited to, mental
	1141	+	35.3health, special education, social work, psychology, speech pathology, or occupational
	1142	+	35.4therapy; and meets at least one of the following:
	1143	+	35.5 (i) has at least 1,000 hours of supervised clinical experience or training in examining or
	1144	+	35.6treating people with ASD or a related condition or equivalent documented coursework at
	1145	+	35.7the graduate level by an accredited university in ASD diagnostics, ASD developmental and
	1146	+	35.8behavioral treatment strategies, and typical child development or a combination of
	1147	+	35.9coursework or hours of experience;
	1148	+	35.10 (ii) has certification as a board-certified assistant behavior analyst from the Behavior
	1149	+	35.11Analyst Certification Board or a qualified autism service practitioner from the Qualified
	1150	+	35.12Applied Behavior Analysis Credentialing Board;
	1151	+	35.13 (iii) is a registered behavior technician as defined by the Behavior Analyst Certification
	1152	+	35.14Board or an applied behavior analysis technician as defined by the Qualified Applied
	1153	+	35.15Behavior Analysis Credentialing Board; or
	1154	+	35.16 (iv) is certified in one of the other treatment modalities recognized by the department;
	1155	+	35.17or
	1156	+	35.18 (2) a person who has:
	1157	+	35.19 (i) an associate's degree in a behavioral or child development science or related field
	1158	+	35.20including, but not limited to, mental health, special education, social work, psychology,
	1159	+	35.21speech pathology, or occupational therapy from an accredited college or university; and
	1160	+	35.22 (ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
	1161	+	35.23with ASD or a related condition. Hours worked as a mental health behavioral aide or level
	1162	+	35.24III treatment provider may be included in the required hours of experience; or
	1163	+	35.25 (3) a person who has at least 4,000 hours of supervised clinical experience in delivering
	1164	+	35.26treatment to people with ASD or a related condition. Hours worked as a mental health
	1165	+	35.27behavioral aide or level III treatment provider may be included in the required hours of
	1166	+	35.28experience; or
	1167	+	35.29 (4) a person who is a graduate student in a behavioral science, child development science,
	1168	+	35.30or related field and is receiving clinical supervision by a QSP affiliated with an agency to
	1169	+	35.31meet the clinical training requirements for experience and training with people with ASD
	1170	+	35.32or a related condition; or
	1171	+	35.33 (5) a person who is at least 18 years of age and who:
	1172	+	35Article 2 Sec. 6.
	1173	+	REVISOR AGW/AC 25-0033903/03/25 36.1 (i) is fluent in a non-English language or is an individual certified by a Tribal Nation;
	1174	+	36.2 (ii) completed the level III EIDBI training requirements; and
	1175	+	36.3 (iii) receives observation and direction from a QSP or level I treatment provider at least
	1176	+	36.4once a week until the person meets 1,000 hours of supervised clinical experience.
	1177	+	36.5 (d) A level III treatment provider must be employed by en employee of an agency, have
	1178	+	36.6completed the level III training requirement, be at least 18 years of age, and have at least
	1179	+	36.7one of the following:
	1180	+	36.8 (1) a high school diploma or commissioner of education-selected high school equivalency
	1181	+	36.9certification;
	1182	+	36.10 (2) fluency in a non-English language or Tribal Nation certification;
	1183	+	36.11 (3) one year of experience as a primary personal care assistant, community health worker,
	1184	+	36.12waiver service provider, or special education assistant to a person with ASD or a related
	1185	+	36.13condition within the previous five years; or
	1186	+	36.14 (4) completion of all required EIDBI training within six months of employment.
	1187	+	36.15 EFFECTIVE DATE.This section is effective the day following final enactment.
	1188	+	36.16Sec. 7. Minnesota Statutes 2024, section 256B.0949, subdivision 16, is amended to read:
	1189	+	36.17 Subd. 16.Agency duties.(a) An agency delivering an EIDBI service under this section
	1190	+	36.18must:
	1191	+	36.19 (1) enroll as a medical assistance Minnesota health care program provider according to
	1192	+	36.20Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
	1193	+	36.21applicable provider standards and requirements;
	1194	+	36.22 (2) demonstrate compliance with federal and state laws for EIDBI service;
	1195	+	36.23 (3) verify and maintain records of a service provided to the person or the person's legal
	1196	+	36.24representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
	1197	+	36.25 (4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
	1198	+	36.26program provider the agency did not have a lead agency contract or provider agreement
	1199	+	36.27discontinued because of a conviction of fraud; or did not have an owner, board member, or
	1200	+	36.28manager fail a state or federal criminal background check or appear on the list of excluded
	1201	+	36.29individuals or entities maintained by the federal Department of Human Services Office of
	1202	+	36.30Inspector General;
	1203	+	36Article 2 Sec. 7.
	1204	+	REVISOR AGW/AC 25-0033903/03/25 37.1 (5) have established business practices including written policies and procedures, internal
	1205	+	37.2controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
	1206	+	37.3services;
	1207	+	37.4 (6) have an office located in Minnesota or a border state;
	1208	+	37.5 (7) conduct a criminal background check on an individual who has direct contact with
	1209	+	37.6the person or the person's legal representative;
	1210	+	37.7 (8) report maltreatment according to section 626.557 and chapter 260E;
	1211	+	37.8 (9) comply with any data requests consistent with the Minnesota Government Data
	1212	+	37.9Practices Act, sections 256B.064 and 256B.27;
	1213	+	37.10 (10) provide training for all agency staff on the requirements and responsibilities listed
	1214	+	37.11in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
	1215	+	37.12section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
	1216	+	37.13policy for all staff on how to report suspected abuse and neglect;
	1217	+	37.14 (11) have a written policy to resolve issues collaboratively with the person and the
	1218	+	37.15person's legal representative when possible. The policy must include a timeline for when
	1219	+	37.16the person and the person's legal representative will be notified about issues that arise in
	1220	+	37.17the provision of services;
	1221	+	37.18 (12) provide the person's legal representative with prompt notification if the person is
	1222	+	37.19injured while being served by the agency. An incident report must be completed by the
	1223	+	37.20agency staff member in charge of the person. A copy of all incident and injury reports must
	1224	+	37.21remain on file at the agency for at least five years from the report of the incident; and
	1225	+	37.22 (13) before starting a service, provide the person or the person's legal representative a
	1226	+	37.23description of the treatment modality that the person shall receive, including the staffing
	1227	+	37.24certification levels and training of the staff who shall provide a treatment.;
	1228	+	37.25 (14) provide clinical supervision by a qualified supervising professional for a minimum
	1229	+	37.26of one hour of supervision for every ten hours of direct treatment per person that meets
	1230	+	37.27clinical licensure requirements for quality supervision and effective intervention; and
	1231	+	37.28 (15) provide clinical, in-person supervision sessions by a qualified supervising
	1232	+	37.29professional at least once per month for intervention, observation, and direction.
	1233	+	37.30 (b) When delivering the ITP, and annually thereafter, an agency must provide the person
	1234	+	37.31or the person's legal representative with:
	1235	+	37Article 2 Sec. 7.
	1236	+	REVISOR AGW/AC 25-0033903/03/25 38.1 (1) a written copy and a verbal explanation of the person's or person's legal
	1237	+	38.2representative's rights and the agency's responsibilities;
	1238	+	38.3 (2) documentation in the person's file the date that the person or the person's legal
	1239	+	38.4representative received a copy and explanation of the person's or person's legal
	1240	+	38.5representative's rights and the agency's responsibilities; and
	1241	+	38.6 (3) reasonable accommodations to provide the information in another format or language
	1242	+	38.7as needed to facilitate understanding of the person's or person's legal representative's rights
	1243	+	38.8and the agency's responsibilities.
	1244	+	38.9 Sec. 8. Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
	1245	+	38.10to read:
	1246	+	38.11 Subd. 18.Provisional licensure.Beginning on January 1, 2026, the commissioner shall
	1247	+	38.12begin issuing provisional licenses to enrolled EIDBI agencies while permanent licensing
	1248	+	38.13standards are developed. EIDBI agencies enrolled by December 31, 2025, have 60 calendar
	1249	+	38.14days to submit an application for provisional licensure on the forms and in the manner
	1250	+	38.15prescribed by the commissioner. The commissioner must act on an application within 90
	1251	+	38.16working days after receiving a complete application.
	1252	+	38.17Sec. 9. Minnesota Statutes 2024, section 256B.19, subdivision 1, is amended to read:
	1253	+	38.18 Subdivision 1.Division of cost.The state and county share of medical assistance costs
	1254	+	38.19not paid by federal funds shall be as follows:
	1255	+	38.20 (1) beginning January 1, 1992, 50 percent state funds and 50 percent county funds for
	1256	+	38.21the cost of placement of severely emotionally disturbed children in regional treatment
	1257	+	38.22centers;
	1258	+	38.23 (2) beginning January 1, 2003, 80 percent state funds and 20 percent county funds for
	1259	+	38.24the costs of nursing facility placements of persons with disabilities under the age of 65 that
	1260	+	38.25have exceeded 90 days. This clause shall be subject to chapter 256G and shall not apply to
	1261	+	38.26placements in facilities not certified to participate in medical assistance;
	1262	+	38.27 (3) beginning July 1, 2004, 90 percent state funds and ten percent county funds for the
	1263	+	38.28costs of placements that have exceeded 90 days in intermediate care facilities for persons
	1264	+	38.29with developmental disabilities that have seven or more beds. This provision includes
	1265	+	38.30pass-through payments made under section 256B.5015; and
	1266	+	38.31 (4) beginning July 1, 2004, when state funds are used to pay for a nursing facility
	1267	+	38.32placement due to the facility's status as an institution for mental diseases (IMD), the county
	1268	+	38Article 2 Sec. 9.
	1269	+	REVISOR AGW/AC 25-0033903/03/25 39.1shall pay 20 percent of the nonfederal share of costs that have exceeded 90 days. This clause
	1270	+	39.2is subject to chapter 256G.; and
	1271	+	39.3 (5) beginning July 1, 2026, or upon federal approval, whichever is later, 95 percent state
	1272	+	39.4funds and five percent county funds for the costs of services for all people receiving
	1273	+	39.5community residential services, family residential services, customized living services, or
	1274	+	39.6integrated community supports under section 256B.4914.
	1275	+	39.7 For counties that participate in a Medicaid demonstration project under sections 256B.69
	1276	+	39.8and 256B.71, the division of the nonfederal share of medical assistance expenses for
	1277	+	39.9payments made to prepaid health plans or for payments made to health maintenance
	1278	+	39.10organizations in the form of prepaid capitation payments, this division of medical assistance
	1279	+	39.11expenses shall be 95 percent by the state and five percent by the county of financial
	1280	+	39.12responsibility.
	1281	+	39.13 In counties where prepaid health plans are under contract to the commissioner to provide
	1282	+	39.14services to medical assistance recipients, the cost of court ordered treatment ordered without
	1283	+	39.15consulting the prepaid health plan that does not include diagnostic evaluation,
	1284	+	39.16recommendation, and referral for treatment by the prepaid health plan is the responsibility
	1285	+	39.17of the county of financial responsibility.
	1286	+	39.18 EFFECTIVE DATE.This section is effective the day following final enactment.
	1287	+	39.19Sec. 10. Minnesota Statutes 2024, section 256B.49, is amended by adding a subdivision
	1288	+	39.20to read:
	1289	+	39.21 Subd. 30.Customized living age limitation.Effective January 1, 2026, or upon federal
	1290	+	39.22approval, whichever is later, the commissioner must not authorize customized living services
	1291	+	39.23as defined under the brain injury and community access for disability inclusion waiver plans
	1292	+	39.24for persons under age 55 unless the person was authorized for customized living services
	1293	+	39.25at any time prior to January 1, 2026.
	1294	+	39.26 EFFECTIVE DATE.This section is effective the day following final enactment.
	1295	+	39.27Sec. 11. Minnesota Statutes 2024, section 256B.4914, subdivision 3, is amended to read:
	1296	+	39.28 Subd. 3.Applicable services.(a) Applicable services are those authorized under the
	1297	+	39.29state's home and community-based services waivers under sections 256B.092 and 256B.49,
	1298	+	39.30including the following, as defined in the federally approved home and community-based
	1299	+	39.31services plan:
	1300	+	39.32 (1) 24-hour customized living;
	1301	+	39Article 2 Sec. 11.
	1302	+	REVISOR AGW/AC 25-0033903/03/25 40.1 (2) adult day services;
	1303	+	40.2 (3) adult day services bath;
	1304	+	40.3 (4) community residential services;
	1305	+	40.4 (5) customized living;
	1306	+	40.5 (6) day support services;
	1307	+	40.6 (7) employment development services;
	1308	+	40.7 (8) employment exploration services;
	1309	+	40.8 (9) employment support services;
	1310	+	40.9 (10) family residential services;
	1311	+	40.10 (11) individualized home supports;
	1312	+	40.11 (12) individualized home supports with family training;
	1313	+	40.12 (13) individualized home supports with training;
	1314	+	40.13 (14) integrated community supports;
	1315	+	40.14 (15) life sharing;
	1316	+	40.15 (16) effective until the effective date of clauses (17) and (18), night supervision;
	1317	+	40.16 (17) effective January 1, 2026, or upon federal approval, whichever is later, awake night
	1318	+	40.17supervision;
	1319	+	40.18 (18) effective January 1, 2026, or upon federal approval, whichever is later, asleep night
	1320	+	40.19supervision;
	1321	+	40.20 (17) (19) positive support services;
	1322	+	40.21 (18) (20) prevocational services;
	1323	+	40.22 (19) (21) residential support services;
	1324	+	40.23 (20) (22) respite services;
	1325	+	40.24 (21) (23) transportation services; and
	1326	+	40.25 (22) (24) other services as approved by the federal government in the state home and
	1327	+	40.26community-based services waiver plan.
	1328	+	40Article 2 Sec. 11.
	1329	+	REVISOR AGW/AC 25-0033903/03/25 41.1 (b) Effective January 1, 2024, or upon federal approval, whichever is later, respite
	1330	+	41.2services under paragraph (a), clause (20) (22), are not an applicable service under this
	1331	+	41.3section.
	1332	+	41.4 EFFECTIVE DATE.This section is effective the day following final enactment, except
	1333	+	41.5that the amendments to paragraph (b) are effective January 1, 2026, or upon federal approval,
	1334	+	41.6whichever is later. The commissioner of human services shall notify the revisor of statutes
	1335	+	41.7when federal approval is obtained.
	1336	+	41.8 Sec. 12. Minnesota Statutes 2024, section 256B.4914, subdivision 5, is amended to read:
	1337	+	41.9 Subd. 5.Base wage index; establishment and updates.(a) The base wage index is
	1338	+	41.10established to determine staffing costs associated with providing services to individuals
	1339	+	41.11receiving home and community-based services. For purposes of calculating the base wage,
	1340	+	41.12Minnesota-specific wages taken from job descriptions and standard occupational
	1341	+	41.13classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational
	1342	+	41.14Handbook must be used.
	1343	+	41.15 (b) The commissioner shall update the base wage index in subdivision 5a, publish these
	1344	+	41.16updated values, and load them into the rate management system as follows:
	1345	+	41.17 (1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics
	1346	+	41.18available as of December 31, 2019;
	1347	+	41.19 (2) on January 1, 2024, based on wage data by SOC from the Bureau of Labor Statistics
	1348	+	41.20published in March 2022; and
	1349	+	41.21 (3) on January 1, 2026, and every two years thereafter, based on wage data by SOC from
	1350	+	41.22the Bureau of Labor Statistics published in the spring approximately 21 months prior to the
	1351	+	41.23scheduled update.
	1352	+	41.24 (c) Effective January 1, 2026, or upon federal approval, whichever is later, if the result
	1353	+	41.25of any base wage index update exceeds two percent, the commissioner must implement a
	1354	+	41.26change to the base wage index update of two percent. If the result of any base wage index
	1355	+	41.27is less than two percent, the commissioner must implement the full value of the change.
	1356	+	41.28 EFFECTIVE DATE.This section is effective the day following final enactment.
	1357	+	41.29Sec. 13. Minnesota Statutes 2024, section 256B.4914, subdivision 5a, is amended to read:
	1358	+	41.30 Subd. 5a.Base wage index; calculations.The base wage index must be calculated as
	1359	+	41.31follows:
	1360	+	41Article 2 Sec. 13.
	1361	+	REVISOR AGW/AC 25-0033903/03/25 42.1 (1) for supervisory staff, 100 percent of the median wage for community and social
	1362	+	42.2services specialist (SOC code 21-1099), with the exception of the supervisor of positive
	1363	+	42.3supports professional, positive supports analyst, and positive supports specialist, which is
	1364	+	42.4100 percent of the median wage for clinical counseling and school psychologist (SOC code
	1365	+	42.519-3031);
	1366	+	42.6 (2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC
	1367	+	42.7code 29-1141);
	1368	+	42.8 (3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical
	1369	+	42.9nurses (SOC code 29-2061);
	1370	+	42.10 (4) for residential asleep-overnight staff, the minimum wage in Minnesota for large
	1371	+	42.11employers;
	1372	+	42.12 (5) for residential direct care staff, the sum of:
	1373	+	42.13 (i) 15 percent of the subtotal of 50 percent of the median wage for home health and
	1374	+	42.14personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
	1375	+	42.15(SOC code 31-1131); and 20 percent of the median wage for social and human services
	1376	+	42.16aide (SOC code 21-1093); and
	1377	+	42.17 (ii) 85 percent of the subtotal of 40 percent of the median wage for home health and
	1378	+	42.18personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
	1379	+	42.19(SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code
	1380	+	42.2029-2053); and 20 percent of the median wage for social and human services aide (SOC code
	1381	+	42.2121-1093);
	1382	+	42.22 (6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC
	1383	+	42.23code 31-1131); and 30 percent of the median wage for home health and personal care aide
	1384	+	42.24(SOC code 31-1120);
	1385	+	42.25 (7) for day support services staff and prevocational services staff, 20 percent of the
	1386	+	42.26median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for
	1387	+	42.27psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social
	1388	+	42.28and human services aide (SOC code 21-1093);
	1389	+	42.29 (8) for positive supports analyst staff, 100 percent of the median wage for substance
	1390	+	42.30abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);
	1391	+	42.31 (9) for positive supports professional staff, 100 percent of the median wage for clinical
	1392	+	42.32counseling and school psychologist (SOC code 19-3031);
	1393	+	42Article 2 Sec. 13.
	1394	+	REVISOR AGW/AC 25-0033903/03/25 43.1 (10) for positive supports specialist staff, 100 percent of the median wage for psychiatric
	1395	+	43.2technicians (SOC code 29-2053);
	1396	+	43.3 (11) for individualized home supports with family training staff, 20 percent of the median
	1397	+	43.4wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community
	1398	+	43.5social service specialist (SOC code 21-1099); 40 percent of the median wage for social and
	1399	+	43.6human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
	1400	+	43.7technician (SOC code 29-2053);
	1401	+	43.8 (12) for individualized home supports with training services staff, 40 percent of the
	1402	+	43.9median wage for community social service specialist (SOC code 21-1099); 50 percent of
	1403	+	43.10the median wage for social and human services aide (SOC code 21-1093); and ten percent
	1404	+	43.11of the median wage for psychiatric technician (SOC code 29-2053);
	1405	+	43.12 (13) for employment support services staff, 50 percent of the median wage for
	1406	+	43.13rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
	1407	+	43.14community and social services specialist (SOC code 21-1099);
	1408	+	43.15 (14) for employment exploration services staff, 50 percent of the median wage for
	1409	+	43.16education, guidance, school, and vocational counselor (SOC code 21-1012); and 50 percent
	1410	+	43.17of the median wage for community and social services specialist (SOC code 21-1099);
	1411	+	43.18 (15) for employment development services staff, 50 percent of the median wage for
	1412	+	43.19education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
	1413	+	43.20of the median wage for community and social services specialist (SOC code 21-1099);
	1414	+	43.21 (16) for individualized home support without training staff, 50 percent of the median
	1415	+	43.22wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the
	1416	+	43.23median wage for nursing assistant (SOC code 31-1131); and
	1417	+	43.24 (17) effective until the effective date of clauses (18) and (19), for night supervision staff,
	1418	+	43.2540 percent of the median wage for home health and personal care aide (SOC code 31-1120);
	1419	+	43.2620 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the
	1420	+	43.27median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median
	1421	+	43.28wage for social and human services aide (SOC code 21-1093).;
	1422	+	43.29 (18) effective January 1, 2026, or upon federal approval, whichever is later, for awake
	1423	+	43.30night supervision staff, 40 percent of the median wage for home health and personal care
	1424	+	43.31aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code
	1425	+	43.3231-1131); 20 percent the median wage for psychiatric technician (SOC code 29-2053); and
	1426	+	43.3320 percent of the median wage for social and human services aid (SOC code 21-1093); and
	1427	+	43Article 2 Sec. 13.
	1428	+	REVISOR AGW/AC 25-0033903/03/25 44.1 (19) effective January 1, 2026, or upon federal approval, whichever is later, for asleep
	1429	+	44.2night supervision staff, the minimum wage in Minnesota for large employers.
	1430	+	44.3 EFFECTIVE DATE.This section is effective the day following final enactment.
	1431	+	44.4 Sec. 14. Minnesota Statutes 2024, section 256B.4914, subdivision 5b, is amended to read:
	1432	+	44.5 Subd. 5b.Standard component value adjustments.The commissioner shall update
	1433	+	44.6the client and programming support, transportation, and program facility cost component
	1434	+	44.7values as required in subdivisions 6 to 9 and the rates identified in subdivision 19 for changes
	1435	+	44.8in the Consumer Price Index. If the result of this update exceeds two percent, the
	1436	+	44.9commissioner shall implement a change to these component values of two percent. If the
	1437	+	44.10result of this update is less than two percent, the commissioner shall implement the full
	1438	+	44.11value of the change. The commissioner shall adjust these values higher or lower, publish
	1439	+	44.12these updated values, and load them into the rate management system as follows:
	1440	+	44.13 (1) on January 1, 2022, by the percentage change in the CPI-U from the date of the
	1441	+	44.14previous update to the data available on December 31, 2019;
	1442	+	44.15 (2) on January 1, 2024, by the percentage change in the CPI-U from the date of the
	1443	+	44.16previous update to the data available as of December 31, 2022; and
	1444	+	44.17 (3) on January 1, 2026, and every two years thereafter, by the percentage change in the
	1445	+	44.18CPI-U from the date of the previous update to the data available 24 months and one day
	1446	+	44.19prior to the scheduled update.
	1447	+	44.20 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
	1448	+	44.21whichever is later. The commissioner shall notify the revisor of statutes when federal
	1449	+	44.22approval is obtained.
	1450	+	44.23Sec. 15. Minnesota Statutes 2024, section 256B.4914, subdivision 6a, is amended to read:
	1451	+	44.24 Subd. 6a.Community residential services; component values and calculation of
	1452	+	44.25payment rates.(a) Component values for community residential services are:
	1453	+	44.26 (1) competitive workforce factor: 6.7 percent;
	1454	+	44.27 (2) supervisory span of control ratio: 11 percent;
	1455	+	44.28 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1456	+	44.29 (4) employee-related cost ratio: 23.6 percent;
	1457	+	44.30 (5) general administrative support ratio: 13.25 percent;
	1458	+	44Article 2 Sec. 15.
	1459	+	REVISOR AGW/AC 25-0033903/03/25 45.1 (6) program-related expense ratio: 1.3 percent; and
	1460	+	45.2 (7) absence and utilization factor ratio: 3.9 percent.
	1461	+	45.3 (b) Payments for community residential services must be calculated as follows:
	1462	+	45.4 (1) determine the number of shared direct staffing and individual direct staffing hours
	1463	+	45.5to meet a recipient's needs provided on site or through monitoring technology;
	1464	+	45.6 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1465	+	45.7provided in subdivisions 5 and 5a;
	1466	+	45.8 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1467	+	45.9product of one plus the competitive workforce factor;
	1468	+	45.10 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1469	+	45.11accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1470	+	45.12to the result of clause (3);
	1471	+	45.13 (5) multiply the number of shared direct staffing and individual direct staffing hours
	1472	+	45.14provided on site or through monitoring technology and nursing hours by the appropriate
	1473	+	45.15staff wages;
	1474	+	45.16 (6) multiply the number of shared direct staffing and individual direct staffing hours
	1475	+	45.17provided on site or through monitoring technology and nursing hours by the product of the
	1476	+	45.18supervision span of control ratio and the appropriate supervisory staff wage in subdivision
	1477	+	45.195a, clause (1);
	1478	+	45.20 (7) combine the results of clauses (5) and (6), excluding any shared direct staffing and
	1479	+	45.21individual direct staffing hours provided through monitoring technology, and multiply the
	1480	+	45.22result by one plus the employee vacation, sick, and training allowance ratio. This is defined
	1481	+	45.23as the direct staffing cost;
	1482	+	45.24 (8) for employee-related expenses, multiply the direct staffing cost, excluding any shared
	1483	+	45.25direct staffing and individual hours provided through monitoring technology, by one plus
	1484	+	45.26the employee-related cost ratio;
	1485	+	45.27 (9) for client programming and supports, add $2,260.21 divided by 365. The
	1486	+	45.28commissioner shall update the amount in this clause as specified in subdivision 5b;
	1487	+	45.29 (10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided
	1488	+	45.30by 365 if customized for adapted transport, based on the resident with the highest assessed
	1489	+	45.31need. The commissioner shall update the amounts in this clause as specified in subdivision
	1490	+	45.325b;
	1491	+	45Article 2 Sec. 15.
	1492	+	REVISOR AGW/AC 25-0033903/03/25 46.1 (11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing
	1493	+	46.2and individual direct staffing hours provided through monitoring technology that was
	1494	+	46.3excluded in clause (8);
	1495	+	46.4 (12) sum the standard general administrative support ratio, the program-related expense
	1496	+	46.5ratio, and the absence and utilization factor ratio;
	1497	+	46.6 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
	1498	+	46.7total payment amount; and
	1499	+	46.8 (14) adjust the result of clause (13) by a factor to be determined by the commissioner
	1500	+	46.9to adjust for regional differences in the cost of providing services.
	1501	+	46.10 (c) Effective January 1, 2026, or upon federal approval, whichever is later, community
	1502	+	46.11services under this section must be billed at a maximum of 351 days per year.
	1503	+	46.12 EFFECTIVE DATE.This section is effective the day following final enactment.
	1504	+	46.13Sec. 16. Minnesota Statutes 2024, section 256B.4914, subdivision 7a, is amended to read:
	1505	+	46.14 Subd. 7a.Adult day services; component values and calculation of payment rates.(a)
	1506	+	46.15Component values for adult day services are:
	1507	+	46.16 (1) competitive workforce factor: 6.7 percent;
	1508	+	46.17 (2) supervisory span of control ratio: 11 percent;
	1509	+	46.18 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1510	+	46.19 (4) employee-related cost ratio: 23.6 percent;
	1511	+	46.20 (5) program plan support ratio: 5.6 percent;
	1512	+	46.21 (6) client programming and support ratio: 7.4 percent, updated as specified in subdivision
	1513	+	46.225b;
	1514	+	46.23 (7) general administrative support ratio: 13.25 percent;
	1515	+	46.24 (8) program-related expense ratio: 1.8 percent; and
	1516	+	46.25 (9) absence and utilization factor ratio: 9.4 3.9 percent.
	1517	+	46.26 (b) A unit of service for adult day services is either a day or 15 minutes. A day unit of
	1518	+	46.27service is six or more hours of time spent providing direct service.
	1519	+	46.28 (c) Payments for adult day services must be calculated as follows:
	1520	+	46Article 2 Sec. 16.
	1521	+	REVISOR AGW/AC 25-0033903/03/25 47.1 (1) determine the number of units of service and the staffing ratio to meet a recipient's
	1522	+	47.2needs;
	1523	+	47.3 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1524	+	47.4provided in subdivisions 5 and 5a;
	1525	+	47.5 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1526	+	47.6product of one plus the competitive workforce factor;
	1527	+	47.7 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1528	+	47.8accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1529	+	47.9to the result of clause (3);
	1530	+	47.10 (5) multiply the number of day program direct staffing hours and nursing hours by the
	1531	+	47.11appropriate staff wage;
	1532	+	47.12 (6) multiply the number of day program direct staffing hours by the product of the
	1533	+	47.13supervisory span of control ratio and the appropriate supervisory staff wage in subdivision
	1534	+	47.145a, clause (1);
	1535	+	47.15 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
	1536	+	47.16employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
	1537	+	47.17rate;
	1538	+	47.18 (8) for program plan support, multiply the result of clause (7) by one plus the program
	1539	+	47.19plan support ratio;
	1540	+	47.20 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
	1541	+	47.21employee-related cost ratio;
	1542	+	47.22 (10) for client programming and supports, multiply the result of clause (9) by one plus
	1543	+	47.23the client programming and support ratio;
	1544	+	47.24 (11) for program facility costs, add $19.30 per week with consideration of staffing ratios
	1545	+	47.25to meet individual needs, updated as specified in subdivision 5b;
	1546	+	47.26 (12) for adult day bath services, add $7.01 per 15 minute unit;
	1547	+	47.27 (13) this is the subtotal rate;
	1548	+	47.28 (14) sum the standard general administrative rate support ratio, the program-related
	1549	+	47.29expense ratio, and the absence and utilization factor ratio;
	1550	+	47.30 (15) divide the result of clause (13) by one minus the result of clause (14). This is the
	1551	+	47.31total payment amount; and
	1552	+	47Article 2 Sec. 16.
	1553	+	REVISOR AGW/AC 25-0033903/03/25 48.1 (16) adjust the result of clause (15) by a factor to be determined by the commissioner
	1554	+	48.2to adjust for regional differences in the cost of providing services.
	1555	+	48.3 EFFECTIVE DATE.This section is effective January 1, 2026.
	1556	+	48.4 Sec. 17. Minnesota Statutes 2024, section 256B.4914, subdivision 7b, is amended to read:
	1557	+	48.5 Subd. 7b.Day support services; component values and calculation of payment
	1558	+	48.6rates.(a) Component values for day support services are:
	1559	+	48.7 (1) competitive workforce factor: 6.7 percent;
	1560	+	48.8 (2) supervisory span of control ratio: 11 percent;
	1561	+	48.9 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1562	+	48.10 (4) employee-related cost ratio: 23.6 percent;
	1563	+	48.11 (5) program plan support ratio: 5.6 percent;
	1564	+	48.12 (6) client programming and support ratio: 10.37 percent, updated as specified in
	1565	+	48.13subdivision 5b;
	1566	+	48.14 (7) general administrative support ratio: 13.25 percent;
	1567	+	48.15 (8) program-related expense ratio: 1.8 percent; and
	1568	+	48.16 (9) absence and utilization factor ratio: 9.4 3.9 percent.
	1569	+	48.17 (b) A unit of service for day support services is 15 minutes.
	1570	+	48.18 (c) Payments for day support services must be calculated as follows:
	1571	+	48.19 (1) determine the number of units of service and the staffing ratio to meet a recipient's
	1572	+	48.20needs;
	1573	+	48.21 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1574	+	48.22provided in subdivisions 5 and 5a;
	1575	+	48.23 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1576	+	48.24product of one plus the competitive workforce factor;
	1577	+	48.25 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1578	+	48.26accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1579	+	48.27to the result of clause (3);
	1580	+	48.28 (5) multiply the number of day program direct staffing hours and nursing hours by the
	1581	+	48.29appropriate staff wage;
	1582	+	48Article 2 Sec. 17.
	1583	+	REVISOR AGW/AC 25-0033903/03/25 49.1 (6) multiply the number of day program direct staffing hours by the product of the
	1584	+	49.2supervisory span of control ratio and the appropriate supervisory staff wage in subdivision
	1585	+	49.35a, clause (1);
	1586	+	49.4 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
	1587	+	49.5employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
	1588	+	49.6rate;
	1589	+	49.7 (8) for program plan support, multiply the result of clause (7) by one plus the program
	1590	+	49.8plan support ratio;
	1591	+	49.9 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
	1592	+	49.10employee-related cost ratio;
	1593	+	49.11 (10) for client programming and supports, multiply the result of clause (9) by one plus
	1594	+	49.12the client programming and support ratio;
	1595	+	49.13 (11) for program facility costs, add $19.30 per week with consideration of staffing ratios
	1596	+	49.14to meet individual needs, updated as specified in subdivision 5b;
	1597	+	49.15 (12) this is the subtotal rate;
	1598	+	49.16 (13) sum the standard general administrative rate support ratio, the program-related
	1599	+	49.17expense ratio, and the absence and utilization factor ratio;
	1600	+	49.18 (14) divide the result of clause (12) by one minus the result of clause (13). This is the
	1601	+	49.19total payment amount; and
	1602	+	49.20 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
	1603	+	49.21to adjust for regional differences in the cost of providing services.
	1604	+	49.22 EFFECTIVE DATE.This section is effective January 1, 2026.
	1605	+	49.23Sec. 18. Minnesota Statutes 2024, section 256B.4914, subdivision 7c, is amended to read:
	1606	+	49.24 Subd. 7c.Prevocational services; component values and calculation of payment
	1607	+	49.25rates.(a) Component values for prevocational services are:
	1608	+	49.26 (1) competitive workforce factor: 6.7 percent;
	1609	+	49.27 (2) supervisory span of control ratio: 11 percent;
	1610	+	49.28 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1611	+	49.29 (4) employee-related cost ratio: 23.6 percent;
	1612	+	49.30 (5) program plan support ratio: 5.6 percent;
	1613	+	49Article 2 Sec. 18.
	1614	+	REVISOR AGW/AC 25-0033903/03/25 50.1 (6) client programming and support ratio: 10.37 percent, updated as specified in
	1615	+	50.2subdivision 5b;
	1616	+	50.3 (7) general administrative support ratio: 13.25 percent;
	1617	+	50.4 (8) program-related expense ratio: 1.8 percent; and
	1618	+	50.5 (9) absence and utilization factor ratio: 9.4 3.9 percent.
	1619	+	50.6 (b) A unit of service for prevocational services is either a day or 15 minutes. A day unit
	1620	+	50.7of service is six or more hours of time spent providing direct service.
	1621	+	50.8 (c) Payments for prevocational services must be calculated as follows:
	1622	+	50.9 (1) determine the number of units of service and the staffing ratio to meet a recipient's
	1623	+	50.10needs;
	1624	+	50.11 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1625	+	50.12provided in subdivisions 5 and 5a;
	1626	+	50.13 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1627	+	50.14product of one plus the competitive workforce factor;
	1628	+	50.15 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1629	+	50.16accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1630	+	50.17to the result of clause (3);
	1631	+	50.18 (5) multiply the number of day program direct staffing hours and nursing hours by the
	1632	+	50.19appropriate staff wage;
	1633	+	50.20 (6) multiply the number of day program direct staffing hours by the product of the
	1634	+	50.21supervisory span of control ratio and the appropriate supervisory staff wage in subdivision
	1635	+	50.225a, clause (1);
	1636	+	50.23 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
	1637	+	50.24employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
	1638	+	50.25rate;
	1639	+	50.26 (8) for program plan support, multiply the result of clause (7) by one plus the program
	1640	+	50.27plan support ratio;
	1641	+	50.28 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
	1642	+	50.29employee-related cost ratio;
	1643	+	50.30 (10) for client programming and supports, multiply the result of clause (9) by one plus
	1644	+	50.31the client programming and support ratio;
	1645	+	50Article 2 Sec. 18.
	1646	+	REVISOR AGW/AC 25-0033903/03/25 51.1 (11) for program facility costs, add $19.30 per week with consideration of staffing ratios
	1647	+	51.2to meet individual needs, updated as specified in subdivision 5b;
	1648	+	51.3 (12) this is the subtotal rate;
	1649	+	51.4 (13) sum the standard general administrative rate support ratio, the program-related
	1650	+	51.5expense ratio, and the absence and utilization factor ratio;
	1651	+	51.6 (14) divide the result of clause (12) by one minus the result of clause (13). This is the
	1652	+	51.7total payment amount; and
	1653	+	51.8 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
	1654	+	51.9to adjust for regional differences in the cost of providing services.
	1655	+	51.10 EFFECTIVE DATE.This section is effective January 1, 2026.
	1656	+	51.11Sec. 19. Minnesota Statutes 2024, section 256B.4914, subdivision 8, is amended to read:
	1657	+	51.12 Subd. 8. Unit-based services with programming; component values and calculation
	1658	+	51.13of payment rates.(a) For the purpose of this section, unit-based services with programming
	1659	+	51.14include employment exploration services, employment development services, employment
	1660	+	51.15support services, individualized home supports with family training, individualized home
	1661	+	51.16supports with training, and positive support services provided to an individual outside of
	1662	+	51.17any service plan for a day program or residential support service.
	1663	+	51.18 (b) Component values for unit-based services with programming are:
	1664	+	51.19 (1) competitive workforce factor: 6.7 percent;
	1665	+	51.20 (2) supervisory span of control ratio: 11 percent;
	1666	+	51.21 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1667	+	51.22 (4) employee-related cost ratio: 23.6 percent;
	1668	+	51.23 (5) program plan support ratio: 15.5 percent;
	1669	+	51.24 (6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
	1670	+	51.255b;
	1671	+	51.26 (7) general administrative support ratio: 13.25 percent;
	1672	+	51.27 (8) program-related expense ratio: 6.1 percent; and
	1673	+	51.28 (9) absence and utilization factor ratio: 3.9 percent.
	1674	+	51.29 (c) A unit of service for unit-based services with programming is 15 minutes.
	1675	+	51Article 2 Sec. 19.
	1676	+	REVISOR AGW/AC 25-0033903/03/25 52.1 (d) Payments for unit-based services with programming must be calculated as follows,
	1677	+	52.2unless the services are reimbursed separately as part of a residential support services or day
	1678	+	52.3program payment rate:
	1679	+	52.4 (1) determine the number of units of service to meet a recipient's needs;
	1680	+	52.5 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1681	+	52.6provided in subdivisions 5 and 5a;
	1682	+	52.7 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1683	+	52.8product of one plus the competitive workforce factor;
	1684	+	52.9 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1685	+	52.10accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1686	+	52.11to the result of clause (3);
	1687	+	52.12 (5) multiply the number of direct staffing hours by the appropriate staff wage;
	1688	+	52.13 (6) multiply the number of direct staffing hours by the product of the supervisory span
	1689	+	52.14of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
	1690	+	52.15 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
	1691	+	52.16employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
	1692	+	52.17rate;
	1693	+	52.18 (8) for program plan support, multiply the result of clause (7) by one plus the program
	1694	+	52.19plan support ratio;
	1695	+	52.20 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
	1696	+	52.21employee-related cost ratio;
	1697	+	52.22 (10) for client programming and supports, multiply the result of clause (9) by one plus
	1698	+	52.23the client programming and support ratio;
	1699	+	52.24 (11) this is the subtotal rate;
	1700	+	52.25 (12) sum the standard general administrative support ratio, the program-related expense
	1701	+	52.26ratio, and the absence and utilization factor ratio;
	1702	+	52.27 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
	1703	+	52.28total payment amount;
	1704	+	52.29 (14) for services provided in a shared manner, divide the total payment in clause (13)
	1705	+	52.30as follows:
	1706	+	52Article 2 Sec. 19.
	1707	+	REVISOR AGW/AC 25-0033903/03/25 53.1 (i) for employment exploration services, divide by the number of service recipients, not
	1708	+	53.2to exceed five;
	1709	+	53.3 (ii) for employment support services, divide by the number of service recipients, not to
	1710	+	53.4exceed six;
	1711	+	53.5 (iii) for individualized home supports with training and individualized home supports
	1712	+	53.6with family training, divide by the number of service recipients, not to exceed three; and
	1713	+	53.7 (iv) for night supervision, divide by the number of service recipients, not to exceed two;
	1714	+	53.8and
	1715	+	53.9 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
	1716	+	53.10to adjust for regional differences in the cost of providing services.
	1717	+	53.11 (e) Effective January 1, 2026, or upon federal approval, whichever is later, the
	1718	+	53.12commissioner must bill individualized home supports with training and individualized home
	1719	+	53.13supports with family training at a maximum of eight hours per day.
	1720	+	53.14 EFFECTIVE DATE.This section is effective the day following final enactment.
	1721	+	53.15Sec. 20. Minnesota Statutes 2024, section 256B.4914, subdivision 9, is amended to read:
	1722	+	53.16 Subd. 9. Unit-based services without programming; component values and
	1723	+	53.17calculation of payment rates.(a) For the purposes of this section, unit-based services
	1724	+	53.18without programming include individualized home supports without training and night
	1725	+	53.19supervision provided to an individual outside of any service plan for a day program or
	1726	+	53.20residential support service. Unit-based services without programming do not include respite.
	1727	+	53.21This paragraph expires upon the effective date of paragraph (b).
	1728	+	53.22 (b) Effective January 1, 2026, or upon federal approval, whichever is later, for the
	1729	+	53.23purposes of this section, unit-based services without programming include individualized
	1730	+	53.24home supports without training, awake night supervision, and asleep night supervision
	1731	+	53.25provided to an individual outside of any service plan for a day program or residential support
	1732	+	53.26service.
	1733	+	53.27 (b) (c) Component values for unit-based services without programming are:
	1734	+	53.28 (1) competitive workforce factor: 6.7 percent;
	1735	+	53.29 (2) supervisory span of control ratio: 11 percent;
	1736	+	53.30 (3) employee vacation, sick, and training allowance ratio: 8.71 percent;
	1737	+	53.31 (4) employee-related cost ratio: 23.6 percent;
	1738	+	53Article 2 Sec. 20.
	1739	+	REVISOR AGW/AC 25-0033903/03/25 54.1 (5) program plan support ratio: 7.0 percent;
	1740	+	54.2 (6) client programming and support ratio: 2.3 percent, updated as specified in subdivision
	1741	+	54.35b;
	1742	+	54.4 (7) general administrative support ratio: 13.25 percent;
	1743	+	54.5 (8) program-related expense ratio: 2.9 percent; and
	1744	+	54.6 (9) absence and utilization factor ratio: 3.9 percent.
	1745	+	54.7 (c) (d) A unit of service for unit-based services without programming is 15 minutes.
	1746	+	54.8 (d) (e) Payments for unit-based services without programming must be calculated as
	1747	+	54.9follows unless the services are reimbursed separately as part of a residential support services
	1748	+	54.10or day program payment rate:
	1749	+	54.11 (1) determine the number of units of service to meet a recipient's needs;
	1750	+	54.12 (2) determine the appropriate hourly staff wage rates derived by the commissioner as
	1751	+	54.13provided in subdivisions 5 to 5a;
	1752	+	54.14 (3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
	1753	+	54.15product of one plus the competitive workforce factor;
	1754	+	54.16 (4) for a recipient requiring customization for deaf and hard-of-hearing language
	1755	+	54.17accessibility under subdivision 12, add the customization rate provided in subdivision 12
	1756	+	54.18to the result of clause (3);
	1757	+	54.19 (5) multiply the number of direct staffing hours by the appropriate staff wage;
	1758	+	54.20 (6) multiply the number of direct staffing hours by the product of the supervisory span
	1759	+	54.21of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
	1760	+	54.22 (7) combine the results of clauses (5) and (6), and multiply the result by one plus the
	1761	+	54.23employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
	1762	+	54.24rate;
	1763	+	54.25 (8) for program plan support, multiply the result of clause (7) by one plus the program
	1764	+	54.26plan support ratio;
	1765	+	54.27 (9) for employee-related expenses, multiply the result of clause (8) by one plus the
	1766	+	54.28employee-related cost ratio;
	1767	+	54.29 (10) for client programming and supports, multiply the result of clause (9) by one plus
	1768	+	54.30the client programming and support ratio;
	1769	+	54Article 2 Sec. 20.
	1770	+	REVISOR AGW/AC 25-0033903/03/25 55.1 (11) this is the subtotal rate;
	1771	+	55.2 (12) sum the standard general administrative support ratio, the program-related expense
	1772	+	55.3ratio, and the absence and utilization factor ratio;
	1773	+	55.4 (13) divide the result of clause (11) by one minus the result of clause (12). This is the
	1774	+	55.5total payment amount;
	1775	+	55.6 (14) for individualized home supports without training provided in a shared manner,
	1776	+	55.7divide the total payment amount in clause (13) by the number of service recipients, not to
	1777	+	55.8exceed three; and
	1778	+	55.9 (15) adjust the result of clause (14) by a factor to be determined by the commissioner
	1779	+	55.10to adjust for regional differences in the cost of providing services.
	1780	+	55.11 EFFECTIVE DATE.This section is effective the day following final enactment.
	1781	+	55.12Sec. 21. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
	1782	+	55.13to read:
	1783	+	55.14 Subd. 14a.Limitations on rate exceptions for residential services.(a) Effective July
	1784	+	55.151, 2026, the commissioner must implement limitations on the size and number of rate
	1785	+	55.16exceptions for community residential services, customized living services, family residential
	1786	+	55.17services, and integrated community supports.
	1787	+	55.18 (b) The commissioner must restrict rate exceptions to the absence and utilization factor
	1788	+	55.19ratio to people temporarily receiving hospital or crisis respite services. The commissioner
	1789	+	55.20must not grant an exception for more than 351 leave days per calendar year.
	1790	+	55.21 (c) For rate exceptions related to behavioral needs, the commissioner must include:
	1791	+	55.22 (1) a documented behavioral diagnosis; or
	1792	+	55.23 (2) determined assessed needs for behavioral supports as identified in the person's most
	1793	+	55.24recent assessment.
	1794	+	55.25 (d) Community residential services rate exceptions must not include positive supports
	1795	+	55.26costs.
	1796	+	55.27 (e) The commissioner must not approve rate exception requests related to increased
	1797	+	55.28community time or transportation.
	1798	+	55.29 (f) For the commissioner to approve a rate exception annual renewal, the person's most
	1799	+	55.30recent assessment must indicate continued extraordinary needs in the areas cited in the
	1800	+	55.31exception request. If a person's assessment continues to identify these extraordinary needs,
	1801	+	55Article 2 Sec. 21.
	1802	+	REVISOR AGW/AC 25-0033903/03/25 56.1lead agencies requesting an annual renewal of rate exceptions must submit provider-created
	1803	+	56.2documentation supporting the continuation of the exception, including but not limited to:
	1804	+	56.3 (1) payroll records for direct care wages cited in the request;
	1805	+	56.4 (2) payment records or receipts for other costs cited in the request; and
	1806	+	56.5 (3) documentation of expenses paid that were identified as necessary for the initial rate
	1807	+	56.6exception.
	1808	+	56.7 (g) The commissioner must not increase rate exception annual renewals that request an
	1809	+	56.8exception to direct care or supervision wages more than the most recently implemented
	1810	+	56.9base wage index determined under subdivision 5.
	1811	+	56.10 (h) The commissioner must publish online an annual report detailing the impact of the
	1812	+	56.11limitations under this subdivision on home and community-based services spending, including
	1813	+	56.12but not limited to:
	1814	+	56.13 (1) the number and percentage of rate exceptions granted and denied;
	1815	+	56.14 (2) total spending on community residential setting services and rate exceptions;
	1816	+	56.15 (3) trends in the percentage of spending attributable to rate exceptions; and
	1817	+	56.16 (4) an evaluation of the effectiveness of the limitations in controlling spending growth.
	1818	+	56.17 EFFECTIVE DATE.This section is effective January 1, 2026.
	1819	+	56.18Sec. 22. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
	1820	+	56.19to read:
	1821	+	56.20 Subd. 20.Sanctions and monetary recovery.Payments under this section are subject
	1822	+	56.21to the sanctions and monetary recovery requirements under section 256B.064.
	1823	+	56.22Sec. 23. Minnesota Statutes 2024, section 256B.85, subdivision 7a, is amended to read:
	1824	+	56.23 Subd. 7a.Enhanced rate.(a) An enhanced rate of 107.5 percent of the rate paid for
	1825	+	56.24CFSS must be paid for services provided to persons who qualify for ten or more hours of
	1826	+	56.25CFSS per day when provided by a support worker who meets the requirements of subdivision
	1827	+	56.2616, paragraph (e). This paragraph expires upon the effective date of paragraph (b).
	1828	+	56.27 (b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
	1829	+	56.28rate of 112.5 percent of the rate paid for CFSS must be paid for services provided to persons
	1830	+	56.29who qualify for ten or more hours of CFSS per day when provided by a support worker
	1831	+	56.30who meets the requirements of subdivision 16, paragraph (e).
	1832	+	56Article 2 Sec. 23.
	1833	+	REVISOR AGW/AC 25-0033903/03/25 57.1 (b) (c) An agency provider must use all additional revenue attributable to the rate
	1834	+	57.2enhancements under this subdivision for the wages and wage-related costs of the support
	1835	+	57.3workers, including any corresponding increase in the employer's share of FICA taxes,
	1836	+	57.4Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums.
	1837	+	57.5The agency provider must not use the additional revenue attributable to any enhanced rate
	1838	+	57.6under this subdivision to pay for mileage reimbursement, health and dental insurance, life
	1839	+	57.7insurance, disability insurance, long-term care insurance, uniform allowance, contributions
	1840	+	57.8to employee retirement accounts, or any other employee benefits.
	1841	+	57.9 (c) (d) Any change in the eligibility criteria for the enhanced rate for CFSS as described
	1842	+	57.10in this subdivision and referenced in subdivision 16, paragraph (e), does not constitute a
	1843	+	57.11change in a term or condition for individual providers as defined in section 256B.0711, and
	1844	+	57.12is not subject to the state's obligation to meet and negotiate under chapter 179A.
	1845	+	57.13 EFFECTIVE DATE.This section is effective the day following federal approval.
	1846	+	57.14Sec. 24. Minnesota Statutes 2024, section 256B.85, subdivision 8, is amended to read:
	1847	+	57.15 Subd. 8.Determination of CFSS service authorization amount.(a) All community
	1848	+	57.16first services and supports must be authorized by the commissioner or the commissioner's
	1849	+	57.17designee before services begin. The authorization for CFSS must be completed as soon as
	1850	+	57.18possible following an assessment but no later than 40 calendar days from the date of the
	1851	+	57.19assessment.
	1852	+	57.20 (b) The amount of CFSS authorized must be based on the participant's home care rating
	1853	+	57.21described in paragraphs (d) and (e) and any additional service units for which the participant
	1854	+	57.22qualifies as described in paragraph (f).
	1855	+	57.23 (c) The home care rating shall be determined by the commissioner or the commissioner's
	1856	+	57.24designee based on information submitted to the commissioner identifying the following for
	1857	+	57.25a participant:
	1858	+	57.26 (1) the total number of dependencies of activities of daily living;
	1859	+	57.27 (2) the presence of complex health-related needs; and
	1860	+	57.28 (3) the presence of Level I behavior.
	1861	+	57.29 (d) The methodology to determine the total service units for CFSS for each home care
	1862	+	57.30rating is based on the median paid units per day for each home care rating from fiscal year
	1863	+	57.312007 data for the PCA program.
	1864	+	57Article 2 Sec. 24.
	1865	+	REVISOR AGW/AC 25-0033903/03/25 58.1 (e) Each home care rating is designated by the letters P through Z and EN and has the
	1866	+	58.2following base number of service units assigned:
	1867	+	58.3 (1) P home care rating requires Level I behavior or one to three dependencies in ADLs
	1868	+	58.4and qualifies the person for five service units;
	1869	+	58.5 (2) Q home care rating requires Level I behavior and one to three dependencies in ADLs
	1870	+	58.6and qualifies the person for six service units;
	1871	+	58.7 (3) R home care rating requires a complex health-related need and one to three
	1872	+	58.8dependencies in ADLs and qualifies the person for seven service units;
	1873	+	58.9 (4) S home care rating requires four to six dependencies in ADLs and qualifies the person
	1874	+	58.10for ten service units;
	1875	+	58.11 (5) T home care rating requires four to six dependencies in ADLs and Level I behavior
	1876	+	58.12and qualifies the person for 11 service units;
	1877	+	58.13 (6) U home care rating requires four to six dependencies in ADLs and a complex
	1878	+	58.14health-related need and qualifies the person for 14 service units;
	1879	+	58.15 (7) V home care rating requires seven to eight dependencies in ADLs and qualifies the
	1880	+	58.16person for 17 service units;
	1881	+	58.17 (8) W home care rating requires seven to eight dependencies in ADLs and Level I
	1882	+	58.18behavior and qualifies the person for 20 service units;
	1883	+	58.19 (9) Z home care rating requires seven to eight dependencies in ADLs and a complex
	1884	+	58.20health-related need and qualifies the person for 30 service units; and
	1885	+	58.21 (10) EN home care rating includes ventilator dependency as defined in section 256B.0651,
	1886	+	58.22subdivision 1, paragraph (g). A person who meets the definition of ventilator-dependent
	1887	+	58.23and the EN home care rating and utilize a combination of CFSS and home care nursing
	1888	+	58.24services is limited to a total of 96 service units per day for those services in combination.
	1889	+	58.25Additional units may be authorized when a person's assessment indicates a need for two
	1890	+	58.26staff to perform activities. Additional time is limited to 16 service units per day.
	1891	+	58.27 (f) Additional service units are provided through the assessment and identification of
	1892	+	58.28the following:
	1893	+	58.29 (1) 30 additional minutes per day for a dependency in each critical activity of daily
	1894	+	58.30living;
	1895	+	58.31 (2) 30 additional minutes per day for each complex health-related need; and
	1896	+	58Article 2 Sec. 24.
	1897	+	REVISOR AGW/AC 25-0033903/03/25 59.1 (3) 30 additional minutes per day for each behavior under this clause that requires
	1898	+	59.2assistance at least four times per week:
	1899	+	59.3 (i) level I behavior that requires the immediate response of another person;
	1900	+	59.4 (ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior;
	1901	+	59.5or
	1902	+	59.6 (iii) increased need for assistance for participants who are verbally aggressive or resistive
	1903	+	59.7to care so that the time needed to perform activities of daily living is increased.
	1904	+	59.8 (g) The service budget for budget model participants shall be based on:
	1905	+	59.9 (1) assessed units as determined by the home care rating; and
	1906	+	59.10 (2) an adjustment needed for administrative expenses. This paragraph expires upon the
	1907	+	59.11effective date of paragraph (h).
	1908	+	59.12 (h) Effective January 1, 2026, or upon federal approval, whichever is later, the service
	1909	+	59.13budget for budget model participants shall be based on:
	1910	+	59.14 (1) assessed units as determined by the home care rating and the payment methodologies
	1911	+	59.15under section 256B.851; and
	1912	+	59.16 (2) an adjustment needed for administrative expenses.
	1913	+	59.17 EFFECTIVE DATE.This section is effective the day following final approval.
	1914	+	59.18Sec. 25. Minnesota Statutes 2024, section 256B.85, subdivision 16, is amended to read:
	1915	+	59.19 Subd. 16.Support workers requirements.(a) Support workers shall:
	1916	+	59.20 (1) enroll with the department as a support worker after a background study under chapter
	1917	+	59.21245C has been completed and the support worker has received a notice from the
	1918	+	59.22commissioner that the support worker:
	1919	+	59.23 (i) is not disqualified under section 245C.14; or
	1920	+	59.24 (ii) is disqualified, but has received a set-aside of the disqualification under section
	1921	+	59.25245C.22;
	1922	+	59.26 (2) have the ability to effectively communicate with the participant or the participant's
	1923	+	59.27representative;
	1924	+	59.28 (3) have the skills and ability to provide the services and supports according to the
	1925	+	59.29participant's CFSS service delivery plan and respond appropriately to the participant's needs;
	1926	+	59Article 2 Sec. 25.
	1927	+	REVISOR AGW/AC 25-0033903/03/25 60.1 (4) complete the basic standardized CFSS training as determined by the commissioner
	1928	+	60.2before completing enrollment. The training must be available in languages other than English
	1929	+	60.3and to those who need accommodations due to disabilities. CFSS support worker training
	1930	+	60.4must include successful completion of the following training components: basic first aid,
	1931	+	60.5vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
	1932	+	60.6responsibilities of support workers including information about basic body mechanics,
	1933	+	60.7emergency preparedness, orientation to positive behavioral practices, orientation to
	1934	+	60.8responding to a mental health crisis, fraud issues, time cards and documentation, and an
	1935	+	60.9overview of person-centered planning and self-direction. Upon completion of the training
	1936	+	60.10components, the support worker must pass the certification test to provide assistance to
	1937	+	60.11participants;
	1938	+	60.12 (5) complete employer-directed training and orientation on the participant's individual
	1939	+	60.13needs;
	1940	+	60.14 (6) maintain the privacy and confidentiality of the participant; and
	1941	+	60.15 (7) not independently determine the medication dose or time for medications for the
	1942	+	60.16participant.
	1943	+	60.17 (b) The commissioner may deny or terminate a support worker's provider enrollment
	1944	+	60.18and provider number if the support worker:
	1945	+	60.19 (1) does not meet the requirements in paragraph (a);
	1946	+	60.20 (2) fails to provide the authorized services required by the employer;
	1947	+	60.21 (3) has been intoxicated by alcohol or drugs while providing authorized services to the
	1948	+	60.22participant or while in the participant's home;
	1949	+	60.23 (4) has manufactured or distributed drugs while providing authorized services to the
	1950	+	60.24participant or while in the participant's home; or
	1951	+	60.25 (5) has been excluded as a provider by the commissioner of human services, or by the
	1952	+	60.26United States Department of Health and Human Services, Office of Inspector General, from
	1953	+	60.27participation in Medicaid, Medicare, or any other federal health care program.
	1954	+	60.28 (c) A support worker may appeal in writing to the commissioner to contest the decision
	1955	+	60.29to terminate the support worker's provider enrollment and provider number.
	1956	+	60.30 (d) A support worker must not provide or be paid for more than 310 hours of CFSS per
	1957	+	60.31month, regardless of the number of participants the support worker serves or the number
	1958	+	60.32of agency-providers or participant employers by which the support worker is employed.
	1959	+	60Article 2 Sec. 25.
	1960	+	REVISOR AGW/AC 25-0033903/03/25 61.1The department shall not disallow the number of hours per day a support worker works
	1961	+	61.2unless it violates other law.
	1962	+	61.3 (e) CFSS qualify for an enhanced rate if the support worker providing the services:
	1963	+	61.4 (1) provides services, within the scope of CFSS described in subdivision 7, to a participant
	1964	+	61.5who qualifies for ten or more hours per day of CFSS; and
	1965	+	61.6 (2) satisfies the current requirements of Medicare for training and competency or
	1966	+	61.7competency evaluation of home health aides or nursing assistants, as provided in the Code
	1967	+	61.8of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
	1968	+	61.9training or competency requirements. This paragraph expires upon the effective date of
	1969	+	61.10paragraph (f).
	1970	+	61.11 (f) Effective January 1, 2026, or upon federal approval, whichever is later, CFSS qualify
	1971	+	61.12for an enhanced rate or budget if the support worker providing the services:
	1972	+	61.13 (1) provides services, within the scope of CFSS described in subdivision 7, to a participant
	1973	+	61.14who qualifies for ten or more hours per day of CFSS; and
	1974	+	61.15 (2) satisfies the current requirements of Medicare for training and competency or
	1975	+	61.16competency evaluation of home health aides or nursing assistants, as provided in the Code
	1976	+	61.17of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
	1977	+	61.18training or competency requirements.
	1978	+	61.19 EFFECTIVE DATE.This section is effective the day following federal approval.
	1979	+	61.20Sec. 26. Minnesota Statutes 2024, section 256B.851, subdivision 5, is amended to read:
	1980	+	61.21 Subd. 5.Payment rates; component values.(a) The commissioner must use the
	1981	+	61.22following component values:
	1982	+	61.23 (1) employee vacation, sick, and training factor, 8.71 percent;
	1983	+	61.24 (2) employer taxes and workers' compensation factor, 11.56 percent;
	1984	+	61.25 (3) employee benefits factor, 12.04 percent;
	1985	+	61.26 (4) client programming and supports factor, 2.30 percent;
	1986	+	61.27 (5) program plan support factor, 7.00 percent;
	1987	+	61.28 (6) general business and administrative expenses factor, 13.25 percent;
	1988	+	61.29 (7) program administration expenses factor, 2.90 percent; and
	1989	+	61.30 (8) absence and utilization factor, 3.90 percent.
	1990	+	61Article 2 Sec. 26.
	1991	+	REVISOR AGW/AC 25-0033903/03/25 62.1 (b) For purposes of implementation, the commissioner shall use the following
	1992	+	62.2implementation components:
	1993	+	62.3 (1) personal care assistance services and CFSS: 88.19 percent;
	1994	+	62.4 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 88.19
	1995	+	62.5percent; and
	1996	+	62.6 (3) qualified professional services and CFSS worker training and development: 88.19
	1997	+	62.7percent. This paragraph expires upon the effective date of paragraph (c).
	1998	+	62.8 (c) Effective January 1, 2026, or upon federal approval, whichever is later, for purposes
	1999	+	62.9of implementation, the commissioner shall use the following implementation components:
	2000	+	62.10 (1) personal care assistance services and CFSS: 92.20 percent;
	2001	+	62.11 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.20
	2002	+	62.12percent; and
	2003	+	62.13 (3) qualified professional services and CFSS worker training and development: 92.20
	2004	+	62.14percent.
	2005	+	62.15 (c) (d) Effective January 1, 2025, for purposes of implementation, the commissioner
	2006	+	62.16shall use the following implementation components:
	2007	+	62.17 (1) personal care assistance services and CFSS: 92.08 percent;
	2008	+	62.18 (2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.08
	2009	+	62.19percent; and
	2010	+	62.20 (3) qualified professional services and CFSS worker training and development: 92.08
	2011	+	62.21percent. This paragraph expires upon the effective date of paragraph (c).
	2012	+	62.22 (d) (e) The commissioner shall use the following worker retention components:
	2013	+	62.23 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
	2014	+	62.24assistance services or CFSS, the worker retention component is zero percent;
	2015	+	62.25 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
	2016	+	62.26care assistance services or CFSS, the worker retention component is 2.17 percent;
	2017	+	62.27 (3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
	2018	+	62.28care assistance services or CFSS, the worker retention component is 4.36 percent;
	2019	+	62.29 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
	2020	+	62.30personal care assistance services or CFSS, the worker retention component is 7.35 percent;
	2021	+	62.31and
	2022	+	62Article 2 Sec. 26.
	2023	+	REVISOR AGW/AC 25-0033903/03/25 63.1 (5) for workers who have provided more than 10,000 cumulative hours in personal care
	2024	+	63.2assistance services or CFSS, the worker retention component is 10.81 percent. This paragraph
	2025	+	63.3expires upon the effective date of paragraph (f).
	2026	+	63.4 (f) Effective January 1, 2026, or upon federal approval, whichever is later, the
	2027	+	63.5commissioner shall use the following worker retention components:
	2028	+	63.6 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
	2029	+	63.7assistance services or CFSS, the worker retention component is zero percent;
	2030	+	63.8 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
	2031	+	63.9care assistance services or CFSS, the worker retention component is 4.05 percent;
	2032	+	63.10 (3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
	2033	+	63.11care assistance services or CFSS, the worker retention component is 6.24 percent;
	2034	+	63.12 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
	2035	+	63.13personal care assistance services or CFSS, the worker retention component is 9.23 percent;
	2036	+	63.14and
	2037	+	63.15 (5) for workers who have provided more than 10,000 cumulative hours in personal care
	2038	+	63.16assistance services or CFSS, the worker retention component is 12.69 percent.
	2039	+	63.17 (e) (g) The commissioner shall define the appropriate worker retention component based
	2040	+	63.18on the total number of units billed for services rendered by the individual provider since
	2041	+	63.19July 1, 2017. The worker retention component must be determined by the commissioner
	2042	+	63.20for each individual provider and is not subject to appeal.
	2043	+	63.21 (h) Effective January 1, 2027, or upon federal approval, whichever is later, for purposes
	2044	+	63.22of implementation, the commissioner shall use the following implementation components
	2045	+	63.23if a worker has completed either the orientation for individual providers offered through
	2046	+	63.24the Home Care Orientation Trust or an orientation defined and offered by the commissioner:
	2047	+	63.25 (1) for workers who have provided fewer than 1,001 cumulative hours in personal care
	2048	+	63.26assistance services or CFSS, the worker retention component is 1.88 percent;
	2049	+	63.27 (2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
	2050	+	63.28care assistance services or CFSS, the worker retention component is 5.92 percent;
	2051	+	63.29 (3) for workers who have provided between 2,001, and 6,000 cumulative hours in personal
	2052	+	63.30care assistance services or CFSS, the worker retention component is 8.11 percent;
	2053	+	63Article 2 Sec. 26.
	2054	+	REVISOR AGW/AC 25-0033903/03/25 64.1 (4) for workers who have provided between 6,001 and 10,000 cumulative hours in
	2055	+	64.2personal care assistance services or CFSS, the worker retention component is 11.10 percent;
	2056	+	64.3and
	2057	+	64.4 (5) for workers who have provided more than 10,000 cumulative hours in personal care
	2058	+	64.5assistance services or CFSS, the worker retention component is 14.56 percent.
	2059	+	64.6 EFFECTIVE DATE.This section is effective the day following final enactment.
	2060	+	64.7 Sec. 27. Minnesota Statutes 2024, section 256B.851, subdivision 6, is amended to read:
	2061	+	64.8 Subd. 6.Payment rates; rate determination.(a) The commissioner must determine
	2062	+	64.9the rate for personal care assistance services, CFSS, extended personal care assistance
	2063	+	64.10services, extended CFSS, enhanced rate personal care assistance services, enhanced rate
	2064	+	64.11CFSS, qualified professional services, and CFSS worker training and development as
	2065	+	64.12follows:
	2066	+	64.13 (1) multiply the appropriate total wage component value calculated in subdivision 4 by
	2067	+	64.14one plus the employee vacation, sick, and training factor in subdivision 5;
	2068	+	64.15 (2) for program plan support, multiply the result of clause (1) by one plus the program
	2069	+	64.16plan support factor in subdivision 5;
	2070	+	64.17 (3) for employee-related expenses, add the employer taxes and workers' compensation
	2071	+	64.18factor in subdivision 5 and the employee benefits factor in subdivision 5. The sum is
	2072	+	64.19employee-related expenses. Multiply the product of clause (2) by one plus the value for
	2073	+	64.20employee-related expenses;
	2074	+	64.21 (4) for client programming and supports, multiply the product of clause (3) by one plus
	2075	+	64.22the client programming and supports factor in subdivision 5;
	2076	+	64.23 (5) for administrative expenses, add the general business and administrative expenses
	2077	+	64.24factor in subdivision 5, the program administration expenses factor in subdivision 5, and
	2078	+	64.25the absence and utilization factor in subdivision 5;
	2079	+	64.26 (6) divide the result of clause (4) by one minus the result of clause (5). The quotient is
	2080	+	64.27the hourly rate;
	2081	+	64.28 (7) multiply the hourly rate by the appropriate implementation component under
	2082	+	64.29subdivision 5. This is the adjusted hourly rate; and
	2083	+	64.30 (8) divide the adjusted hourly rate by four. The quotient is the total adjusted payment
	2084	+	64.31rate.
	2085	+	64Article 2 Sec. 27.
	2086	+	REVISOR AGW/AC 25-0033903/03/25 65.1 (b) In processing personal care assistance provider agency and CFSS provider agency
	2087	+	65.2claims, the commissioner shall incorporate the worker retention component specified in
	2088	+	65.3subdivision 5, by multiplying one plus the total adjusted payment rate by the appropriate
	2089	+	65.4worker retention component under subdivision 5, paragraph (d).
	2090	+	65.5 (c) The commissioner must publish the total final payment rates.
	2091	+	65.6 (d) The commissioner shall increase the authorization for the CFSS budget model of
	2092	+	65.7those CFSS participant-employers employing individual providers who have provided more
	2093	+	65.8than 1,000 hours of services as well as individual providers who have completed the
	2094	+	65.9orientation offered by the Home Care Orientation Trust or an orientation defined and offered
	2095	+	65.10by the commissioner. The commissioner shall determine the amount and method of the
	2096	+	65.11authorization increase.
	2097	+	65.12 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
	2098	+	65.13whichever is later. The commissioner shall notify the revisor of statutes when federal
	2099	+	65.14approval is obtained.
	2100	+	65.15Sec. 28. Minnesota Statutes 2024, section 260E.14, subdivision 1, is amended to read:
	2101	+	65.16 Subdivision 1.Facilities and schools.(a) The local welfare agency is the agency
	2102	+	65.17responsible for investigating allegations of maltreatment in child foster care, family child
	2103	+	65.18care, legally nonlicensed child care, and reports involving children served by an unlicensed
	2104	+	65.19personal care provider organization under section 256B.0659. Copies of findings related to
	2105	+	65.20personal care provider organizations under section 256B.0659 must be forwarded to the
	2106	+	65.21Department of Human Services provider enrollment.
	2107	+	65.22 (b) The Department of Children, Youth, and Families is the agency responsible for
	2108	+	65.23screening and investigating allegations of maltreatment in juvenile correctional facilities
	2109	+	65.24listed under section 241.021 located in the local welfare agency's county and in facilities
	2110	+	65.25licensed or certified under chapters 245A and 245D.
	2111	+	65.26 (c) The Department of Health is the agency responsible for screening and investigating
	2112	+	65.27allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
	2113	+	65.28to 144A.482 or chapter 144H.
	2114	+	65.29 (d) The Department of Education is the agency responsible for screening and investigating
	2115	+	65.30allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
	2116	+	65.31and 13, and chapter 124E. The Department of Education's responsibility to screen and
	2117	+	65.32investigate includes allegations of maltreatment involving students 18 through 21 years of
	2118	+	65Article 2 Sec. 28.
	2119	+	REVISOR AGW/AC 25-0033903/03/25 66.1age, including students receiving special education services, up to and including graduation
	2120	+	66.2and the issuance of a secondary or high school diploma.
	2121	+	66.3 (e) The Department of Human Services is the agency responsible for screening and
	2122	+	66.4investigating allegations of maltreatment of minors in an EIDBI agency operating under a
	2123	+	66.5provisional license under section 245A.142.
	2124	+	66.6 (e) (f) A health or corrections agency receiving a report may request the local welfare
	2125	+	66.7agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
	2126	+	66.8 (f) (g) The Department of Children, Youth, and Families is the agency responsible for
	2127	+	66.9screening and investigating allegations of maltreatment in facilities or programs not listed
	2128	+	66.10in paragraph (a) that are licensed or certified under chapters 142B and 142C.
	2129	+	66.11 EFFECTIVE DATE.This section is effective .....
	2130	+	66.12Sec. 29. Minnesota Statutes 2024, section 626.5572, subdivision 13, is amended to read:
	2131	+	66.13 Subd. 13.Lead investigative agency."Lead investigative agency" is the primary
	2132	+	66.14administrative agency responsible for investigating reports made under section 626.557.
	2133	+	66.15 (a) The Department of Health is the lead investigative agency for facilities or services
	2134	+	66.16licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
	2135	+	66.17care homes, hospice providers, residential facilities that are also federally certified as
	2136	+	66.18intermediate care facilities that serve people with developmental disabilities, or any other
	2137	+	66.19facility or service not listed in this subdivision that is licensed or required to be licensed by
	2138	+	66.20the Department of Health for the care of vulnerable adults. "Home care provider" has the
	2139	+	66.21meaning provided in section 144A.43, subdivision 4, and applies when care or services are
	2140	+	66.22delivered in the vulnerable adult's home.
	2141	+	66.23 (b) The Department of Human Services is the lead investigative agency for facilities or
	2142	+	66.24services licensed or required to be licensed as adult day care, adult foster care, community
	2143	+	66.25residential settings, programs for people with disabilities, family adult day services, mental
	2144	+	66.26health programs, mental health clinics, substance use disorder programs, the Minnesota Sex
	2145	+	66.27Offender Program, or any other facility or service not listed in this subdivision that is licensed
	2146	+	66.28or required to be licensed by the Department of Human Services, including EIDBI agencies
	2147	+	66.29operating under a provisional license under section 245A.142.
	2148	+	66.30 (c) The county social service agency or its designee is the lead investigative agency for
	2149	+	66.31all other reports, including, but not limited to, reports involving vulnerable adults receiving
	2150	+	66.32services from a personal care provider organization under section 256B.0659.
	2151	+	66Article 2 Sec. 29.
	2152	+	REVISOR AGW/AC 25-0033903/03/25 67.1 EFFECTIVE DATE.This section is effective .....
	2153	+	67.2 Sec. 30. TRANSITION TO NONPROVISIONAL EIDBI LICENSE; FUTURE
	2154	+	67.3LICENSURE STANDARDS.
	2155	+	67.4 (a) The commissioner must develop a process and transition plan for comprehensive
	2156	+	67.5EIDBI agency licensure by January 1, 2026.
	2157	+	67.6 (b) By December 1, 2026, in consultation with stakeholders the commissioner shall draft
	2158	+	67.7standards for nonprovisional EIDBI agency licensure and submit proposed legislation to
	2159	+	67.8the chairs and ranking minority members of the legislative committees with jurisdiction
	2160	+	67.9over human services licensing.
	2161	+	67.10 EFFECTIVE DATE.This section is effective August 1, 2025.
	2162	+	67.11Sec. 31. BUDGET INCREASE FOR CONSUMER-DIRECTED COMMUNITY
	2163	+	67.12SUPPORTS.
	2164	+	67.13 Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
	2165	+	67.14must increase the consumer-directed community support budgets identified in the waiver
	2166	+	67.15plans under Minnesota Statutes, sections 256B.092 and 256B.49, and chapter 256S; and
	2167	+	67.16the alternative care program under Minnesota Statutes, section 256B.0913, by 0.13 percent.
	2168	+	67.17 EFFECTIVE DATE.This section is effective the day following final enactment.
	2169	+	67.18Sec. 32. ENHANCED BUDGET INCREASE FOR CONSUMER-DIRECTED
	2170	+	67.19COMMUNITY SUPPORTS.
	2171	+	67.20 Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
	2172	+	67.21must increase the consumer-directed community supports budget exception percentage
	2173	+	67.22identified in the waiver plans under Minnesota Statutes, sections 256B.092 and 256B.49,
	2174	+	67.23and chapter 256S; and the alternative care program under Minnesota Statutes, section
	2175	+	67.24256B.0913, from 7.5 to 12.5.
	2176	+	67.25 EFFECTIVE DATE.This section is effective the day following final enactment.
	2177	+	67.26Sec. 33. STIPEND PAYMENTS TO SEIU HEALTHCARE MINNESOTA & IOWA
	2178	+	67.27BARGAINING UNIT MEMBERS.
	2179	+	67.28 (a) The commissioner of human services shall issue stipend payments to collective
	2180	+	67.29bargaining unit members as required by the labor agreement between the state of Minnesota
	2181	+	67Article 2 Sec. 33.
	2182	+	REVISOR AGW/AC 25-0033903/03/25 68.1and the Service Employees International Union (SEIU) Healthcare Minnesota & Iowa and
	2183	+	68.2as specified under article 7, section 16, subdivisions 3 and 5.
	2184	+	68.3 (b) The definitions in Minnesota Statutes, section 290.01, apply to this section.
	2185	+	68.4 (c) For the purposes of this section, "subtraction" has the meaning given in Minnesota
	2186	+	68.5Statutes, section 290.0132, subdivision 1, and the rules in that subdivision apply to this
	2187	+	68.6section.
	2188	+	68.7 (d) The amount of stipend payments received by SEIU Healthcare Minnesota & Iowa
	2189	+	68.8collective bargaining unit members under this section is a subtraction.
	2190	+	68.9 (e) The amount of stipend payments received by SEIU Healthcare Minnesota & Iowa
	2191	+	68.10collective bargaining unit members under this section is excluded from income as defined
	2192	+	68.11in Minnesota Statutes, section 290A.03, subdivision 3.
	2193	+	68.12 (f) Notwithstanding any law to the contrary, stipend payments under this section must
	2194	+	68.13not be considered income, assets, or personal property for purposes of determining or
	2195	+	68.14recertifying eligibility for:
	2196	+	68.15 (1) child care assistance programs under Minnesota Statutes, chapter 142E;
	2197	+	68.16 (2) general assistance, Minnesota supplemental aid, and food support under Minnesota
	2198	+	68.17Statutes, chapter 256D;
	2199	+	68.18 (3) housing support under Minnesota Statutes, chapter 256I;
	2200	+	68.19 (4) the Minnesota family investment program under Minnesota Statutes, chapter 142G;
	2201	+	68.20and
	2202	+	68.21 (5) economic assistance programs under Minnesota Statutes, chapter 256P.
	2203	+	68.22 (g) The commissioner of human services must not consider stipend payments under this
	2204	+	68.23section as income or assets under Minnesota Statutes, section 256B.056, subdivision 1a,
	2205	+	68.24paragraph (a); 3; or 3c, or for persons with eligibility determined under Minnesota Statutes,
	2206	+	68.25section 256B.057, subdivision 3, 3a, or 3b.
	2207	+	68.26 EFFECTIVE DATE.This section is effective the day following final enactment.
	2208	+	68.27Sec. 34. RESIDENTIAL OVERNIGHT STAFFING REFORM STUDY.
	2209	+	68.28 (a) The commissioner shall conduct a study of overnight supervision requirements in
	2210	+	68.29community residential services as defined in Minnesota Statutes, chapter 245D, to assess
	2211	+	68.30and determine the thresholds necessary for an individual to qualify for awake overnight
	2212	+	68.31supervision. The study may evaluate:
	2213	+	68Article 2 Sec. 34.
	2214	+	REVISOR AGW/AC 25-0033903/03/25 69.1 (1) individual safety needs and risk factors during overnight hours;
	2215	+	69.2 (2) the level of support required to address health, behavioral, and environmental risks;
	2216	+	69.3 (3) the cost-effectiveness and resource allocation of awake versus asleep overnight
	2217	+	69.4supervision models;
	2218	+	69.5 (4) staffing and workforce implications for providers of community residential services;
	2219	+	69.6and
	2220	+	69.7 (5) feedback and recommendations from stakeholders, including service recipients,
	2221	+	69.8families of service recipients, and providers.
	2222	+	69.9 (b) By June 30, 2027, the commissioner shall submit a report to the chairs and ranking
	2223	+	69.10minority members of the legislative committees and divisions with jurisdiction over human
	2224	+	69.11services finance and policy. The report must outline the findings from the study, including
	2225	+	69.12any identified thresholds for awake overnight supervision eligibility and recommendations
	2226	+	69.13for implementing evidence-based guidelines to enhance service delivery and individual
	2227	+	69.14safety.
	2228	+	69.15 ARTICLE 3
	2229	+	69.16 DIRECT CARE AND TREATMENT
	2230	+	69.17Section 1. Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:
	2231	+	69.18 Subdivision 1.Definitions.As used in this section:
	2232	+	69.19 (a) "Individual" means an individual according to section 13.02, subdivision 8, but does
	2233	+	69.20not include a vendor of services.
	2234	+	69.21 (b) "Program" includes all programs for which authority is vested in a component of the
	2235	+	69.22welfare system according to statute or federal law, including but not limited to Native
	2236	+	69.23American Tribe programs that provide a service component of the welfare system, the
	2237	+	69.24Minnesota family investment program, medical assistance, general assistance, general
	2238	+	69.25assistance medical care formerly codified in chapter 256D, the child care assistance program,
	2239	+	69.26and child support collections.
	2240	+	69.27 (c) "Welfare system" includes the Department of Human Services; Direct Care and
	2241	+	69.28Treatment; the Department of Children, Youth, and Families; local social services agencies;
	2242	+	69.29county welfare agencies; county public health agencies; county veteran services agencies;
	2243	+	69.30county housing agencies; private licensing agencies; the public authority responsible for
	2244	+	69.31child support enforcement; human services boards; community mental health center boards,
	2245	+	69.32state hospitals, state nursing homes, the ombudsman for mental health and developmental
	2246	+	69Article 3 Section 1.
	2247	+	REVISOR AGW/AC 25-0033903/03/25 70.1disabilities; Native American Tribes to the extent a Tribe provides a service component of
	2248	+	70.2the welfare system; the Minnesota Competency Attainment Board and forensic navigators
	2249	+	70.3under chapter 611; and persons, agencies, institutions, organizations, and other entities
	2250	+	70.4under contract to any of the above agencies to the extent specified in the contract.
	2251	+	70.5 (d) "Mental health data" means data on individual clients and patients of community
	2252	+	70.6mental health centers, established under section 245.62, mental health divisions of counties
	2253	+	70.7and other providers under contract to deliver mental health services, Direct Care and
	2254	+	70.8Treatment mental health services, or the ombudsman for mental health and developmental
	2255	+	70.9disabilities.
	2256	+	70.10 (e) "Fugitive felon" means a person who has been convicted of a felony and who has
	2257	+	70.11escaped from confinement or violated the terms of probation or parole for that offense.
	2258	+	70.12 (f) "Private licensing agency" means an agency licensed by the commissioner of children,
	2259	+	70.13youth, and families under chapter 142B to perform the duties under section 142B.30.
	2260	+	70.14Sec. 2. Minnesota Statutes 2024, section 246B.10, is amended to read:
	2261	+	70.15 246B.10 LIABILITY OF COUNTY; REIMBURSEMENT .
	2262	+	70.16 (a) The civilly committed sex offender's county shall pay to the state a portion of the
	2263	+	70.17cost of care provided in the Minnesota Sex Offender Program to a civilly committed sex
	2264	+	70.18offender who has legally settled in that county.
	2265	+	70.19 (b) A county's payment must be made from the county's own sources of revenue and
	2266	+	70.20payments must:
	2267	+	70.21 (1) equal ten 40 percent of the cost of care, as determined by the executive board, for
	2268	+	70.22each day or portion of a day that the civilly committed sex offender spends at the facility
	2269	+	70.23for individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
	2270	+	70.24 (2) equal 25 percent of the cost of care, as determined by the executive board, for each
	2271	+	70.25day or portion of a day that the civilly committed sex offender:
	2272	+	70.26 (i) spends at the facility for individuals admitted to the Minnesota Sex Offender Program
	2273	+	70.27on or after August 1, 2011; or
	2274	+	70.28 (ii) receives services within a program operated by the Minnesota Sex Offender Program
	2275	+	70.29while on provisional discharge.
	2276	+	70.30 (c) The county is responsible for paying the state the remaining amount if payments
	2277	+	70.31received by the state under this chapter exceed:
	2278	+	70Article 3 Sec. 2.
	2279	+	REVISOR AGW/AC 25-0033903/03/25 71.1 (1) 90 percent of the cost of care for individuals admitted to the Minnesota Sex Offender
	2280	+	71.2Program before August 1, 2011; or
	2281	+	71.3 (2) 75 60 percent of the cost of care for individuals:.
	2282	+	71.4 (i) admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
	2283	+	71.5 (ii) receiving services within a program operated by the Minnesota Sex Offender Program
	2284	+	71.6while on provisional discharge.
	2285	+	71.7 (d) The county is not entitled to reimbursement from the civilly committed sex offender,
	2286	+	71.8the civilly committed sex offender's estate, or from the civilly committed sex offender's
	2287	+	71.9relatives, except as provided in section 246B.07.
	2288	+	71.10Sec. 3. Minnesota Statutes 2024, section 256G.01, subdivision 3, is amended to read:
	2289	+	71.11 Subd. 3.Program coverage.This chapter applies to all social service programs
	2290	+	71.12administered by the commissioner of human services or the Direct Care and Treatment
	2291	+	71.13executive board in which residence is the determining factor in establishing financial
	2292	+	71.14responsibility. These include, but are not limited to: commitment proceedings, including
	2293	+	71.15voluntary admissions; emergency holds; competency proceedings under chapter 611; poor
	2294	+	71.16relief funded wholly through local agencies; social services, including title XX, IV-E and
	2295	+	71.17section 256K.10; social services programs funded wholly through the resources of county
	2296	+	71.18agencies; social services provided under the Minnesota Indian Family Preservation Act,
	2297	+	71.19sections 260.751 to 260.781; costs for delinquency confinement under section 393.07,
	2298	+	71.20subdivision 2; service responsibility for these programs; and housing support under chapter
	2299	+	71.21256I.
	2300	+	71.22Sec. 4. Minnesota Statutes 2024, section 256G.08, subdivision 1, is amended to read:
	2301	+	71.23 Subdivision 1.Commitment and competency proceedings.In cases of voluntary
	2302	+	71.24admission, or commitment to state or other institutions, or criminal orders for inpatient
	2303	+	71.25examination or participation in a competency attainment program under chapter 611, the
	2304	+	71.26committing county or the county from which the first criminal order for inpatient examination
	2305	+	71.27or order for participation in a competency attainment program under chapter 611 is issued
	2306	+	71.28shall initially pay for all costs. This includes the expenses of the taking into custody,
	2307	+	71.29confinement, emergency holds under sections 253B.051, subdivisions 1 and 2, and 253B.07,
	2308	+	71.30examination, commitment, conveyance to the place of detention, rehearing, and hearings
	2309	+	71.31under section sections 253B.092 and 611.47, including hearings held under that section
	2310	+	71Article 3 Sec. 4.
	2311	+	REVISOR AGW/AC 25-0033903/03/25 72.1which those sections that are venued outside the county of commitment or the county of
	2312	+	72.2the chapter 611 competency proceedings order.
	2313	+	72.3 Sec. 5. Minnesota Statutes 2024, section 256G.08, subdivision 2, is amended to read:
	2314	+	72.4 Subd. 2.Responsibility for nonresidents.If a person committed, or voluntarily admitted
	2315	+	72.5to a state institution, or ordered for inpatient examination or participation in a competency
	2316	+	72.6attainment program under chapter 611 has no residence in this state, financial responsibility
	2317	+	72.7belongs to the county of commitment or the county from which the first criminal order for
	2318	+	72.8inpatient examination or order for participation in a competency attainment program under
	2319	+	72.9chapter 611 was issued.
	2320	+	72.10Sec. 6. Minnesota Statutes 2024, section 256G.09, subdivision 1, is amended to read:
	2321	+	72.11 Subdivision 1.General procedures.If upon investigation the local agency decides that
	2322	+	72.12the application, or commitment, or first criminal order under chapter 611 was not filed in
	2323	+	72.13the county of financial responsibility as defined by this chapter, but that the applicant is
	2324	+	72.14otherwise eligible for assistance, it shall send a copy of the application, or commitment
	2325	+	72.15claim, or chapter 611 claim together with the record of any investigation it has made, to the
	2326	+	72.16county it believes is financially responsible. The copy and record must be sent within 60
	2327	+	72.17days of the date the application was approved or the claim was paid. The first local agency
	2328	+	72.18shall provide assistance to the applicant until financial responsibility is transferred under
	2329	+	72.19this section.
	2330	+	72.20 The county receiving the transmittal has 30 days to accept or reject financial
	2331	+	72.21responsibility. A failure to respond within 30 days establishes financial responsibility by
	2332	+	72.22the receiving county.
	2333	+	72.23Sec. 7. Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
	2334	+	72.24 Subd. 2.Financial disputes.(a) If the county receiving the transmittal does not believe
	2335	+	72.25it is financially responsible, it should provide to the commissioner of human services and
	2336	+	72.26the initially responsible county a statement of all facts and documents necessary for the
	2337	+	72.27commissioner to make the requested determination of financial responsibility. The submission
	2338	+	72.28must clearly state the program area in dispute and must state the specific basis upon which
	2339	+	72.29the submitting county is denying financial responsibility.
	2340	+	72.30 (b) The initially responsible county then has 15 calendar days to submit its position and
	2341	+	72.31any supporting evidence to the commissioner. The absence of a submission by the initially
	2342	+	72.32responsible county does not limit the right of the commissioner of human services or Direct
	2343	+	72Article 3 Sec. 7.
	2344	+	REVISOR AGW/AC 25-0033903/03/25 73.1Care and Treatment executive board to issue a binding opinion based on the evidence actually
	2345	+	73.2submitted.
	2346	+	73.3 (c) A case must not be submitted until the local agency taking the application, or making
	2347	+	73.4the commitment, or residing in the county from which the first criminal order under chapter
	2348	+	73.5611 was issued has made an initial determination about eligibility and financial responsibility,
	2349	+	73.6and services have been initiated. This paragraph does not prohibit the submission of closed
	2350	+	73.7cases that otherwise meet the applicable statute of limitations.
	2351	+	73.8 Sec. 8. Minnesota Statutes 2024, section 611.43, is amended by adding a subdivision to
	2352	+	73.9read:
	2353	+	73.10 Subd. 5.Costs related to confined treatment.(a) When a defendant is ordered to
	2354	+	73.11participate in an examination in a treatment facility, a locked treatment facility, or a
	2355	+	73.12state-operated treatment facility under subdivision 1, paragraph (b), the facility shall bill
	2356	+	73.13the responsible health plan first. The county in which the criminal charges are filed is
	2357	+	73.14responsible to pay any charges not covered by the health plan, including co-pays and
	2358	+	73.15deductibles. If the defendant has health plan coverage and is confined in a hospital, but the
	2359	+	73.16hospitalization does not meet the criteria in section 62M.07, subdivision 2, clause (1);
	2360	+	73.1762Q.53; 62Q.535, subdivision 1; or 253B.045, subdivision 6, the county in which criminal
	2361	+	73.18charges are filed is responsible for payment.
	2362	+	73.19 (b) The Direct Care and Treatment executive board shall determine the cost of
	2363	+	73.20confinement in a state-operated treatment facility based on the executive board's
	2364	+	73.21determination of cost of care pursuant to section 246.50, subdivision 5.
	2365	+	73.22Sec. 9. Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
	2366	+	73.23 Subdivision 1.Order to competency attainment program.(a) If the court finds the
	2367	+	73.24defendant incompetent and the charges have not been dismissed, the court shall order the
	2368	+	73.25defendant to participate in a program to assist the defendant in attaining competency. The
	2369	+	73.26court may order participation in a competency attainment program provided outside of a
	2370	+	73.27jail, a jail-based competency attainment program, or an alternative program. The court must
	2371	+	73.28determine the least-restrictive program appropriate to meet the defendant's needs and public
	2372	+	73.29safety. In making this determination, the court must consult with the forensic navigator and
	2373	+	73.30consider any recommendations of the court examiner. The court shall not order a defendant
	2374	+	73.31to participate in a jail-based program or a state-operated treatment program if the highest
	2375	+	73.32criminal charge is a targeted misdemeanor.
	2376	+	73Article 3 Sec. 9.
	2377	+	REVISOR AGW/AC 25-0033903/03/25 74.1 (b) If the court orders the defendant to a locked treatment facility or jail-based program,
	2378	+	74.2the court must calculate the defendant's custody credit and cannot order the defendant to a
	2379	+	74.3locked treatment facility or jail-based program for a period that would cause the defendant's
	2380	+	74.4custody credit to exceed the maximum sentence for the underlying charge.
	2381	+	74.5 (c) The court may only order the defendant to participate in competency attainment at
	2382	+	74.6an inpatient or residential treatment program under this section if the head of the treatment
	2383	+	74.7program determines that admission to the program is clinically appropriate and consents to
	2384	+	74.8the defendant's admission. The court may only order the defendant to participate in
	2385	+	74.9competency attainment at a state-operated treatment facility under this section if the Direct
	2386	+	74.10Care and Treatment executive board or a designee determines that admission of the defendant
	2387	+	74.11is clinically appropriate and consents to the defendant's admission. The court may require
	2388	+	74.12a competency program that qualifies as a locked facility or a state-operated treatment program
	2389	+	74.13to notify the court in writing of the basis for refusing consent for admission of the defendant
	2390	+	74.14in order to ensure transparency and maintain an accurate record. The court may not require
	2391	+	74.15personal appearance of any representative of a competency program. The court shall send
	2392	+	74.16a written request for notification to the locked facility or state-operated treatment program
	2393	+	74.17and the locked facility or state-operated treatment program shall provide a written response
	2394	+	74.18to the court within ten days of receipt of the court's request.
	2395	+	74.19 (d) If the defendant is confined in jail and has not received competency attainment
	2396	+	74.20services within 30 days of the finding of incompetency, the court shall review the case with
	2397	+	74.21input from the prosecutor and defense counsel and may:
	2398	+	74.22 (1) order the defendant to participate in an appropriate competency attainment program
	2399	+	74.23that takes place outside of a jail;
	2400	+	74.24 (2) order a conditional release of the defendant with conditions that include but are not
	2401	+	74.25limited to a requirement that the defendant participate in a competency attainment program
	2402	+	74.26when one becomes available and accessible;
	2403	+	74.27 (3) make a determination as to whether the defendant is likely to attain competency in
	2404	+	74.28the reasonably foreseeable future and proceed under section 611.49; or
	2405	+	74.29 (4) upon a motion, dismiss the charges in the interest of justice.
	2406	+	74.30 (e) The court may order any hospital, treatment facility, or correctional facility that has
	2407	+	74.31provided care or supervision to a defendant in the previous two years to provide copies of
	2408	+	74.32the defendant's medical records to the competency attainment program or alternative program
	2409	+	74.33in which the defendant was ordered to participate. This information shall be provided in a
	2410	+	74.34consistent and timely manner and pursuant to all applicable laws.
	2411	+	74Article 3 Sec. 9.
	2412	+	REVISOR AGW/AC 25-0033903/03/25 75.1 (f) If at any time the defendant refuses to participate in a competency attainment program
	2413	+	75.2or an alternative program, the head of the program shall notify the court and any entity
	2414	+	75.3responsible for supervision of the defendant.
	2415	+	75.4 (g) At any time, the head of the program may discharge the defendant from the program
	2416	+	75.5or facility. The head of the program must notify the court, prosecutor, defense counsel, and
	2417	+	75.6any entity responsible for the supervision of the defendant prior to any planned discharge.
	2418	+	75.7Absent emergency circumstances, this notification shall be made five days prior to the
	2419	+	75.8discharge if the defendant is not being discharged to jail or a correctional facility. Upon the
	2420	+	75.9receipt of notification of discharge or upon the request of either party in response to
	2421	+	75.10notification of discharge, the court may order that a defendant who is subject to bail or
	2422	+	75.11unmet conditions of release be returned to jail upon being discharged from the program or
	2423	+	75.12facility. If the court orders a defendant returned to jail, the court shall notify the parties and
	2424	+	75.13head of the program at least one day before the defendant's planned discharge, except in
	2425	+	75.14the event of an emergency discharge where one day notice is not possible. The court must
	2426	+	75.15hold a review hearing within seven days of the defendant's return to jail. The forensic
	2427	+	75.16navigator must be given notice of the hearing and be allowed to participate.
	2428	+	75.17 (h) If the defendant is discharged from the program or facility under emergency
	2429	+	75.18circumstances, notification of emergency discharge shall include a description of the
	2430	+	75.19emergency circumstances and may include a request for emergency transportation. The
	2431	+	75.20court shall make a determination on a request for emergency transportation within 24 hours.
	2432	+	75.21Nothing in this section prohibits a law enforcement agency from transporting a defendant
	2433	+	75.22pursuant to any other authority.
	2434	+	75.23 (i) If the defendant is ordered to participate in an inpatient or residential competency
	2435	+	75.24attainment or alternative program, the program or facility must notify the court, prosecutor,
	2436	+	75.25defense counsel, and any entity responsible for the supervision of the defendant if the
	2437	+	75.26defendant is placed on a leave or elopement status from the program and if the defendant
	2438	+	75.27returns to the program from a leave or elopement status.
	2439	+	75.28 (j) Defense counsel and prosecutors must have access to information relevant to a
	2440	+	75.29defendant's participation and treatment in a competency attainment program or alternative
	2441	+	75.30program, including but not limited to discharge planning.
	2442	+	75.31Sec. 10. Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to
	2443	+	75.32read:
	2444	+	75.33 Subd. 5.Data access.Forensic navigators must have access to all data collected, created,
	2445	+	75.34or maintained by a competency attainment program or an alternative program regarding a
2412	2446		75Article 3 Sec. 10.
2413		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 76.1approving insurance. The determinations of the commissioner or local agency under this
2414		-	76.2subdivision are not rules subject to chapter 14.
2415		-	76.3 EFFECTIVE DATE.This section is effective January 1, 2026.
2416		-	76.4 Sec. 11. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2417		-	76.5read:
2418		-	76.6 Subd. 16.Civil actions.If the parent fails to make appropriate reimbursement as required
2419		-	76.7in subdivisions 7 and 8, the attorney general, at the request of the commissioner, may institute
2420		-	76.8or direct the appropriate county attorney to institute civil action to recover the required
2421		-	76.9reimbursement.
2422		-	76.10 EFFECTIVE DATE.This section is effective January 1, 2026.
2423		-	76.11Sec. 12. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2424		-	76.12read:
2425		-	76.13 Subd. 17.Order of payment.If the parental contribution is for reimbursement for the
2426		-	76.14cost of services to both the local agency and the medical assistance program, the local agency
2427		-	76.15must be reimbursed for the agency's expenses first and the remainder must be deposited in
2428		-	76.16the medical assistance account.
2429		-	76.17 EFFECTIVE DATE.This section is effective January 1, 2026.
2430		-	76.18Sec. 13. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2431		-	76.19read:
2432		-	76.20 Subd. 18.Determination; redetermination; notice.The commissioner shall mail a
2433		-	76.21determination order and written notice of parental fee to the parent at least annually, or more
2434		-	76.22frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination
2435		-	76.23order and notice must contain the following information:
2436		-	76.24 (1) the amount the parent is required to contribute;
2437		-	76.25 (2) the notice of the right to a redetermination and appeal; and
2438		-	76.26 (3) the telephone number of the division at the Department of Human Services that is
2439		-	76.27responsible for redeterminations.
2440		-	76.28 EFFECTIVE DATE.This section is effective January 1, 2026.
2441		-	76Article 3 Sec. 13.
2442		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 77.1 Sec. 14. Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
2443		-	77.2read:
2444		-	77.3 Subd. 19.Appeals.(a) A parent may appeal the determination or redetermination of an
2445		-	77.4obligation to make a contribution under this section according to section 256.045. The parent
2446		-	77.5must make a request for a hearing in writing within 30 days of the date the commissioner
2447		-	77.6mails the determination or redetermination order, or within 90 days of the written notice if
2448		-	77.7the parent shows good cause why the request was not submitted within the 30-day time
2449		-	77.8limit. The commissioner must provide the parent with a written notice that acknowledges
2450		-	77.9receipt of the request and notifies the parent of the date of the hearing. While the appeal is
2451		-	77.10pending, the parent has the rights regarding making payment that are provided in Minnesota
2452		-	77.11Rules, part 9550.6235.
2453		-	77.12 (b) If the commissioner's determination or redetermination is affirmed, the parent shall,
2454		-	77.13within 90 calendar days after the date an order is issued under section 256.045, subdivision
2455		-	77.145, pay the total amount due from the effective date of the notice of determination or
2456		-	77.15redetermination that was appealed by the parent. If the commissioner's order under this
2457		-	77.16subdivision results in a decrease in the parental fee amount, the commissioner shall credit
2458		-	77.17any payments made by the parent that result in an overpayment to the parent as provided
2459		-	77.18in Minnesota Rules, part 9550.6235, subpart 3.
2460		-	77.19 EFFECTIVE DATE.This section is effective January 1, 2026.
2461		-	77.20Sec. 15. Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:
2462		-	77.21 Subd. 29.State medical review team.(a) To ensure the timely processing of
2463		-	77.22determinations of disability by the commissioner's state medical review team under sections
2464		-	77.23256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the
2465		-	77.24commissioner shall review all medical evidence and seek information from providers,
2466		-	77.25applicants, and enrollees to support the determination of disability where necessary. Disability
2467		-	77.26shall be determined according to the rules of title XVI and title XIX of the Social Security
2468		-	77.27Act and pertinent rules and policies of the Social Security Administration.
2469		-	77.28 (b) Medical assistance providers must grant the state medical review team access to
2470		-	77.29electronic health records held by the medical assistance providers, when available, to support
2471		-	77.30efficient and accurate disability determinations.
2472		-	77.31 (c) Medicaid providers shall accept electronically signed authorizations to release medical
2473		-	77.32records provided by the state medical review team.
2474		-	77Article 3 Sec. 15.
2475		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 78.1 (b) (d) Prior to a denial or withdrawal of a requested determination of disability due to
2476		-	78.2insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
2477		-	78.3and appropriate to a determination of disability, and (2) assist applicants and enrollees to
2478		-	78.4obtain the evidence, including, but not limited to, medical examinations and electronic
2479		-	78.5medical records.
2480		-	78.6 (c) (e) Any appeal made under section 256.045, subdivision 3, of a disability
2481		-	78.7determination made by the state medical review team must be decided according to the
2482		-	78.8timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not
2483		-	78.9issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal
2484		-	78.10must be immediately reviewed by the chief human services judge.
2485		-	78.11 EFFECTIVE DATE.This section is effective the day following final enactment.
2486		-	78.12Sec. 16. Minnesota Statutes 2024, section 256B.14, subdivision 2, is amended to read:
2487		-	78.13 Subd. 2.Actions to obtain payment.(a) The state agency shall promulgate rules to
2488		-	78.14determine the ability of responsible relatives to contribute partial or complete payment or
2489		-	78.15repayment of medical assistance furnished to recipients for whom they are responsible. All
2490		-	78.16medical assistance exclusions shall be allowed, and a resource limit of $10,000 for
2491		-	78.17nonexcluded resources shall be implemented. Above these limits, a contribution of one-third
2492		-	78.18of the excess resources shall be required. These rules shall not require payment or repayment
2493		-	78.19when payment would cause undue hardship to the responsible relative or that relative's
2494		-	78.20immediate family. These rules do not apply to must be consistent with the requirements of
2495		-	78.21section 252.27 for parents of children with household adjusted gross income equal to or
2496		-	78.22greater than 675 percent of the federal poverty guidelines whose eligibility for medical
2497		-	78.23assistance was determined without deeming of the parents' resources and income under the
2498		-	78.24Tax Equity and Fiscal Responsibility Act (TEFRA) option or to parents of children accessing
2499		-	78.25access home and community-based waiver services. The county agency shall give the
2500		-	78.26responsible relative notice of the amount of the payment or repayment. If the state agency
2501		-	78.27or county agency finds that notice of the payment obligation was given to the responsible
2502		-	78.28relative, but that the relative failed or refused to pay, a cause of action exists against the
2503		-	78.29responsible relative for that portion of medical assistance granted after notice was given to
2504		-	78.30the responsible relative, which the relative was determined to be able to pay.
2505		-	78.31 (b) The action may be brought by the state agency or the county agency in the county
2506		-	78.32where assistance was granted, for the assistance, together with the costs of disbursements
2507		-	78.33incurred due to the action.
2508		-	78Article 3 Sec. 16.
2509		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 79.1 (c) In addition to granting the county or state agency a money judgment, the court may,
2510		-	79.2upon a motion or order to show cause, order continuing contributions by a responsible
2511		-	79.3relative found able to repay the county or state agency. The order shall be effective only
2512		-	79.4for the period of time during which the recipient receives medical assistance from the county
2513		-	79.5or state agency.
2514		-	79.6 EFFECTIVE DATE.This section is effective January 1, 2026.
2515		-	79.7 Sec. 17. Minnesota Statutes 2024, section 256B.766, is amended to read:
2516		-	79.8 256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
2517		-	79.9 Subdivision 1.Payment reductions for base care services effective July 1, 2009.(a)
2518		-	79.10Effective for services provided on or after July 1, 2009, total payments for basic care services,
2519		-	79.11shall be reduced by three percent, except that for the period July 1, 2009, through June 30,
2520		-	79.122011, total payments shall be reduced by 4.5 percent for the medical assistance and general
2521		-	79.13assistance medical care programs, prior to third-party liability and spenddown calculation.
2522		-	79.14 Subd. 2.Classification of therapies as basic care services.Effective July 1, 2010, The
2523		-	79.15commissioner shall classify physical therapy services, occupational therapy services, and
2524		-	79.16speech-language pathology and related services as basic care services. The reduction in this
2525		-	79.17paragraph subdivision 1 shall apply to physical therapy services, occupational therapy
2526		-	79.18services, and speech-language pathology and related services provided on or after July 1,
2527		-	79.192010.
2528		-	79.20 Subd. 3.Payment reductions to managed care plans effective October 1, 2009.(b)
2529		-	79.21Payments made to managed care plans and county-based purchasing plans shall be reduced
2530		-	79.22for services provided on or after October 1, 2009, to reflect the reduction in subdivision 1
2531		-	79.23effective July 1, 2009, and payments made to the plans shall be reduced effective October
2532		-	79.241, 2010, to reflect the reduction in subdivision 1 effective July 1, 2010.
2533		-	79.25 Subd. 4.Temporary payment reductions effective September 1, 2011.(c) (a) Effective
2534		-	79.26for services provided on or after September 1, 2011, through June 30, 2013, total payments
2535		-	79.27for outpatient hospital facility fees shall be reduced by five percent from the rates in effect
2536		-	79.28on August 31, 2011.
2537		-	79.29 (d) (b) Effective for services provided on or after September 1, 2011, through June 30,
2538		-	79.302013, total payments for ambulatory surgery centers facility fees, medical supplies and
2539		-	79.31durable medical equipment not subject to a volume purchase contract, prosthetics and
2540		-	79.32orthotics, renal dialysis services, laboratory services, public health nursing services, physical
2541		-	79.33therapy services, occupational therapy services, speech therapy services, eyeglasses not
2542		-	79Article 3 Sec. 17.
2543		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 80.1subject to a volume purchase contract, hearing aids not subject to a volume purchase contract,
2544		-	80.2and anesthesia services shall be reduced by three percent from the rates in effect on August
2545		-	80.331, 2011.
2546		-	80.4 Subd. 5.Payment increases effective September 1, 2014.(e) (a) Effective for services
2547		-	80.5provided on or after September 1, 2014, payments for ambulatory surgery centers facility
2548		-	80.6fees, hospice services, renal dialysis services, laboratory services, public health nursing
2549		-	80.7services, eyeglasses not subject to a volume purchase contract, and hearing aids not subject
2550		-	80.8to a volume purchase contract shall be increased by three percent and payments for outpatient
2551		-	80.9hospital facility fees shall be increased by three percent.
2552		-	80.10 (b) Payments made to managed care plans and county-based purchasing plans shall not
2553		-	80.11be adjusted to reflect payments under this paragraph subdivision.
2554		-	80.12 Subd. 6.Temporary payment reductions effective July 1, 2014.(f) Payments for
2555		-	80.13medical supplies and durable medical equipment not subject to a volume purchase contract,
2556		-	80.14and prosthetics and orthotics, provided on or after July 1, 2014, through June 30, 2015, shall
2557		-	80.15be decreased by .33 percent.
2558		-	80.16 Subd. 7.Payment increases effective July 1, 2015.(a) Payments for medical supplies
2559		-	80.17and durable medical equipment not subject to a volume purchase contract, and prosthetics
2560		-	80.18and orthotics, provided on or after July 1, 2015, shall be increased by three percent from
2561		-	80.19the rates as determined under paragraphs (i) and (j) subdivisions 9 and 10.
2562		-	80.20 (g) (b) Effective for services provided on or after July 1, 2015, payments for outpatient
2563		-	80.21hospital facility fees, medical supplies and durable medical equipment not subject to a
2564		-	80.22volume purchase contract, prosthetics, and orthotics to a hospital meeting the criteria specified
2565		-	80.23in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent
2566		-	80.24from the rates in effect on June 30, 2015.
2567		-	80.25 (c) Payments made to managed care plans and county-based purchasing plans shall not
2568		-	80.26be adjusted to reflect payments under this paragraph (b).
2569		-	80.27 Subd. 8.Exempt services.(h) This section does not apply to physician and professional
2570		-	80.28services, inpatient hospital services, family planning services, mental health services, dental
2571		-	80.29services, prescription drugs, medical transportation, federally qualified health centers, rural
2572		-	80.30health centers, Indian health services, and Medicare cost-sharing.
2573		-	80.31 Subd. 9.Individually priced items.(i) (a) Effective for services provided on or after
2574		-	80.32July 1, 2015, the following categories of medical supplies and durable medical equipment
2575		-	80Article 3 Sec. 17.
2576		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 81.1shall be individually priced items: customized and other specialized tracheostomy tubes
2577		-	81.2and supplies, electric patient lifts, and durable medical equipment repair and service.
2578		-	81.3 (b) This paragraph subdivision does not apply to medical supplies and durable medical
2579		-	81.4equipment subject to a volume purchase contract, products subject to the preferred diabetic
2580		-	81.5testing supply program, and items provided to dually eligible recipients when Medicare is
2581		-	81.6the primary payer for the item.
2582		-	81.7 (c) The commissioner shall not apply any medical assistance rate reductions to durable
2583		-	81.8medical equipment as a result of Medicare competitive bidding.
2584		-	81.9 Subd. 10.Rate increases effective July 1, 2015.(j) (a) Effective for services provided
2585		-	81.10on or after July 1, 2015, medical assistance payment rates for durable medical equipment,
2586		-	81.11prosthetics, orthotics, or supplies shall be increased as follows:
2587		-	81.12 (1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies that
2588		-	81.13were subject to the Medicare competitive bid that took effect in January of 2009 shall be
2589		-	81.14increased by 9.5 percent; and
2590		-	81.15 (2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies on
2591		-	81.16the medical assistance fee schedule, whether or not subject to the Medicare competitive bid
2592		-	81.17that took effect in January of 2009, shall be increased by 2.94 percent, with this increase
2593		-	81.18being applied after calculation of any increased payment rate under clause (1).
2594		-	81.19 This (b) Paragraph (a) does not apply to medical supplies and durable medical equipment
2595		-	81.20subject to a volume purchase contract, products subject to the preferred diabetic testing
2596		-	81.21supply program, items provided to dually eligible recipients when Medicare is the primary
2597		-	81.22payer for the item, and individually priced items identified in paragraph (i) subdivision 9.
2598		-	81.23 (c) Payments made to managed care plans and county-based purchasing plans shall not
2599		-	81.24be adjusted to reflect the rate increases in this paragraph subdivision.
2600		-	81.25 Subd. 11.Rates for ventilators.(k) (a) Effective for nonpressure support ventilators
2601		-	81.26provided on or after January 1, 2016, the rate shall be the lower of the submitted charge or
2602		-	81.27the Medicare fee schedule rate.
2603		-	81.28 (b) Effective for pressure support ventilators provided on or after January 1, 2016, the
2604		-	81.29rate shall be the lower of the submitted charge or 47 percent above the Medicare fee schedule
2605		-	81.30rate.
2606		-	81.31 (c) For payments made in accordance with this paragraph subdivision, if, and to the
2607		-	81.32extent that, the commissioner identifies that the state has received federal financial
2608		-	81.33participation for ventilators in excess of the amount allowed effective January 1, 2018,
2609		-	81Article 3 Sec. 17.
2610		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 82.1under United States Code, title 42, section 1396b(i)(27), the state shall repay the excess
2611		-	82.2amount to the Centers for Medicare and Medicaid Services with state funds and maintain
2612		-	82.3the full payment rate under this paragraph subdivision.
2613		-	82.4 Subd. 12.Rates subject to the upper payment limit.(l) Payment rates for durable
2614		-	82.5medical equipment, prosthetics, orthotics or supplies, that are subject to the upper payment
2615		-	82.6limit in accordance with section 1903(i)(27) of the Social Security Act, shall be paid the
2616		-	82.7Medicare rate. Rate increases provided in this chapter shall not be applied to the items listed
2617		-	82.8in this paragraph subdivision.
2618		-	82.9 Subd. 13.Temporary rates for enteral nutrition and supplies.(m) (a) For dates of
2619		-	82.10service on or after July 1, 2023, through June 30, 2025 2027, enteral nutrition and supplies
2620		-	82.11must be paid according to this paragraph subdivision. If sufficient data exists for a product
2621		-	82.12or supply, payment must be based upon the 50th percentile of the usual and customary
2622		-	82.13charges per product code submitted to the commissioner, using only charges submitted per
2623		-	82.14unit. Increases in rates resulting from the 50th percentile payment method must not exceed
2624		-	82.15150 percent of the previous fiscal year's rate per code and product combination. Data are
2625		-	82.16sufficient if: (1) the commissioner has at least 100 paid claim lines by at least ten different
2626		-	82.17providers for a given product or supply; or (2) in the absence of the data in clause (1), the
2627		-	82.18commissioner has at least 20 claim lines by at least five different providers for a product or
2628		-	82.19supply that does not meet the requirements of clause (1). If sufficient data are not available
2629		-	82.20to calculate the 50th percentile for enteral products or supplies, the payment rate must be
2630		-	82.21the payment rate in effect on June 30, 2023.
2631		-	82.22 (b) This subdivision expires June 30, 2027.
2632		-	82.23 Subd. 14.Rates for enteral nutrition and supplies.(n) For dates of service on or after
2633		-	82.24July 1, 2025 2027, enteral nutrition and supplies must be paid according to this paragraph
2634		-	82.25subdivision and updated annually each January 1. If sufficient data exists for a product or
2635		-	82.26supply, payment must be based upon the 50th percentile of the usual and customary charges
2636		-	82.27per product code submitted to the commissioner for the previous calendar year, using only
2637		-	82.28charges submitted per unit. Increases in rates resulting from the 50th percentile payment
2638		-	82.29method must not exceed 150 percent of the previous year's rate per code and product
2639		-	82.30combination. Data are sufficient if: (1) the commissioner has at least 100 paid claim lines
2640		-	82.31by at least ten different providers for a given product or supply; or (2) in the absence of the
2641		-	82.32data in clause (1), the commissioner has at least 20 claim lines by at least five different
2642		-	82.33providers for a product or supply that does not meet the requirements of clause (1). If
2643		-	82.34sufficient data are not available to calculate the 50th percentile for enteral products or
2644		-	82.35supplies, the payment must be the manufacturer's suggested retail price of that product or
2645		-	82Article 3 Sec. 17.
2646		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 83.1supply minus 20 percent. If the manufacturer's suggested retail price is not available, payment
2647		-	83.2must be the actual acquisition cost of that product or supply plus 20 percent.
2648		-	83.3 ARTICLE 4
2649		-	83.4 BEHAVIORAL HEALTH
2650		-	83.5 Section 1. Minnesota Statutes 2024, section 245.4661, subdivision 2, is amended to read:
2651		-	83.6 Subd. 2.Program design and implementation.Adult mental health initiatives shall
2652		-	83.7be responsible for designing, planning, improving, and maintaining a mental health service
2653		-	83.8delivery system for adults with serious and persistent mental illness that would:
2654		-	83.9 (1) provide an expanded array of services from which clients can choose services
2655		-	83.10appropriate to their needs;
2656		-	83.11 (2) be based on purchasing strategies that improve access and coordinate services without
2657		-	83.12cost shifting;
2658		-	83.13 (3) prioritize evidence-based services and implement services that are promising practices
2659		-	83.14or theory-based practices so that the service can be evaluated according to subdivision 5a;
2660		-	83.15 (4) incorporate existing state facilities and resources into the community mental health
2661		-	83.16infrastructure through creative partnerships with local vendors; and
2662		-	83.17 (5) utilize existing categorical funding streams and reimbursement sources in combined
2663		-	83.18and creative ways, except adult mental health initiative funding only after all other eligible
2664		-	83.19funding sources have been applied. Appropriations and all funds that are attributable to the
2665		-	83.20operation of state-operated services under the control of the Direct Care and Treatment
2666		-	83.21executive board are excluded unless appropriated specifically by the legislature for a purpose
2667		-	83.22consistent with this section.
2668		-	83.23Sec. 2. Minnesota Statutes 2024, section 245.4661, subdivision 6, is amended to read:
2669		-	83.24 Subd. 6.Duties of commissioner.(a) For purposes of adult mental health initiatives,
2670		-	83.25the commissioner shall facilitate integration of funds or other resources as needed and
2671		-	83.26requested by each adult mental health initiative. These resources may include:
2672		-	83.27 (1) community support services funds administered under Minnesota Rules, parts
2673		-	83.289535.1700 to 9535.1760;
2674		-	83.29 (2) other mental health special project funds;
2675		-	83Article 4 Sec. 2.
2676		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 84.1 (3) medical assistance, MinnesotaCare, and housing support under chapter 256I if
2677		-	84.2requested by the adult mental health initiative's managing entity and if the commissioner
2678		-	84.3determines this would be consistent with the state's overall health care reform efforts; and
2679		-	84.4 (4) regional treatment center resources, with consent from the Direct Care and Treatment
2680		-	84.5executive board.
2681		-	84.6 (b) The commissioner shall consider the following criteria in awarding grants for adult
2682		-	84.7mental health initiatives:
2683		-	84.8 (1) the ability of the initiatives to accomplish the objectives described in subdivision 2;
2684		-	84.9 (2) the size of the target population to be served; and
2685		-	84.10 (3) geographical distribution.
2686		-	84.11 (c) (b) The commissioner shall review overall status of the initiatives at least every two
2687		-	84.12years and recommend any legislative changes needed by January 15 of each odd-numbered
2688		-	84.13year.
2689		-	84.14 (d) (c) The commissioner may waive administrative rule requirements that are
2690		-	84.15incompatible with the implementation of the adult mental health initiative.
2691		-	84.16 (e) (d) The commissioner may exempt the participating counties from fiscal sanctions
2692		-	84.17for noncompliance with requirements in laws and rules that are incompatible with the
2693		-	84.18implementation of the adult mental health initiative.
2694		-	84.19 (f) (e) The commissioner may award grants to an entity designated by a county board
2695		-	84.20or group of county boards to pay for start-up and implementation costs of the adult mental
2696		-	84.21health initiative.
2697		-	84.22Sec. 3. Minnesota Statutes 2024, section 245.4661, subdivision 7, is amended to read:
2698		-	84.23 Subd. 7.Duties of adult mental health initiative board.The adult mental health
2699		-	84.24initiative board, or other entity which is approved to administer an adult mental health
2700		-	84.25initiative, shall:
2701		-	84.26 (1) administer the initiative in a manner that is consistent with the objectives described
2702		-	84.27in subdivision 2 and the planning process described in subdivision 5;
2703		-	84.28 (2) assure that no one is denied services that they would otherwise be eligible for; and
2704		-	84.29 (3) provide the commissioner of human services with timely and pertinent information
2705		-	84.30through the following methods:
2706		-	84Article 4 Sec. 3.
2707		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 85.1 (i) submission of mental health plans and plan amendments which are based on a format
2708		-	85.2and timetable determined by the commissioner;
2709		-	85.3 (ii) submission of social services expenditure and grant reconciliation reports, based on
2710		-	85.4a coding format to be determined by mutual agreement between the initiative's managing
2711		-	85.5entity and the commissioner; and
2712		-	85.6 (iii) submission of data and participation in an evaluation of the adult mental health
2713		-	85.7initiatives, to be designed cooperatively by the commissioner and the initiatives. For services
2714		-	85.8provided to American Indians in Tribal nations or urban Indian communities, oral reports
2715		-	85.9using a system designed in partnership between the commissioner and the reporting
2716		-	85.10community satisfy the requirements of this clause.
2717		-	85.11Sec. 4. Minnesota Statutes 2024, section 245.4871, subdivision 5, is amended to read:
2718		-	85.12 Subd. 5.Child."Child" means a person under 18 years of age, or a person 18 years of
2719		-	85.13age or older and under 21 years of age receiving continuous children's mental health targeted
2720		-	85.14case management services as defined in section 245.2875, subdivision 8.
2721		-	85.15Sec. 5. Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
2722		-	85.16 Subd. 4.Facility or program."Facility" or "program" means a nonresidential or
2723		-	85.17residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
2724		-	85.18facility, or program that provides services or treatment for mental illness, developmental
2725		-	85.19disability, substance use disorder, or emotional disturbance that is required to be licensed,
2726		-	85.20certified, or registered by the commissioner of human services, health, or education; a sober
2727		-	85.21home recovery residence as defined in section 254B.01, subdivision 11; peer recovery
2728		-	85.22support services provided by a recovery community organization as defined in section
2729		-	85.23254B.01, subdivision 8; and an acute care inpatient facility that provides services or treatment
2730		-	85.24for mental illness, developmental disability, substance use disorder, or emotional disturbance.
2731		-	85.25 EFFECTIVE DATE.This section is effective January 1, 2027.
2732		-	85.26Sec. 6. Minnesota Statutes 2024, section 245G.01, subdivision 13b, is amended to read:
2733		-	85.27 Subd. 13b.Guest speaker."Guest speaker" means an individual who is not an alcohol
2734		-	85.28and drug counselor qualified according to section 245G.11, subdivision 5; is not qualified
2735		-	85.29according to the commissioner's list of professionals under section 245G.07, subdivision 3,
2736		-	85.30clause (1); and who works under the direct observation of an alcohol and drug counselor to
2737		-	85.31present to clients on topics in which the guest speaker has expertise and that the license
2738		-	85Article 4 Sec. 6.
2739		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 86.1holder has determined to be beneficial to a client's recovery. Tribally licensed programs
2740		-	86.2have autonomy to identify the qualifications of their guest speakers.
2741		-	86.3 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2742		-	86.4whichever is later. The commissioner of human services shall notify the revisor of statutes
2743		-	86.5when federal approval is obtained.
2744		-	86.6 Sec. 7. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
2745		-	86.7read:
2746		-	86.8 Subd. 13d.Individual counseling."Individual counseling" means professionally led
2747		-	86.9psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one
2748		-	86.10setting or in a setting with the client and the client's family and other natural supports.
2749		-	86.11 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2750		-	86.12whichever is later. The commissioner of human services shall notify the revisor of statutes
2751		-	86.13when federal approval is obtained.
2752		-	86.14Sec. 8. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
2753		-	86.15read:
2754		-	86.16 Subd. 20f.Psychoeducation."Psychoeducation" means the services described in section
2755		-	86.17245G.07, subdivision 1a, clause (2).
2756		-	86.18 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2757		-	86.19whichever is later. The commissioner of human services shall notify the revisor of statutes
2758		-	86.20when federal approval is obtained.
2759		-	86.21Sec. 9. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
2760		-	86.22read:
2761		-	86.23 Subd. 20g.Psychosocial treatment services."Psychosocial treatment services" means
2762		-	86.24the services described in section 245G.07, subdivision 1a.
2763		-	86.25 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2764		-	86.26whichever is later. The commissioner of human services shall notify the revisor of statutes
2765		-	86.27when federal approval is obtained.
2766		-	86Article 4 Sec. 9.
2767		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 87.1 Sec. 10. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
2768		-	87.2to read:
2769		-	87.3 Subd. 20h.Recovery support services."Recovery support services" means the services
2770		-	87.4described in section 245G.07, subdivision 2a, paragraph (b), clause (1).
2771		-	87.5 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2772		-	87.6whichever is later. The commissioner of human services shall notify the revisor of statutes
2773		-	87.7when federal approval is obtained.
2774		-	87.8 Sec. 11. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
2775		-	87.9to read:
2776		-	87.10 Subd. 26a.Treatment coordination."Treatment coordination" means the services
2777		-	87.11described in section 245G.07, subdivision 1b.
2778		-	87.12 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2779		-	87.13whichever is later. The commissioner of human services shall notify the revisor of statutes
2780		-	87.14when federal approval is obtained.
2781		-	87.15Sec. 12. Minnesota Statutes 2024, section 245G.02, subdivision 2, is amended to read:
2782		-	87.16 Subd. 2.Exemption from license requirement.This chapter does not apply to a county
2783		-	87.17or recovery community organization that is providing a service for which the county or
2784		-	87.18recovery community organization is an eligible vendor under section 254B.05. This chapter
2785		-	87.19does not apply to an organization whose primary functions are information, referral,
2786		-	87.20diagnosis, case management, and assessment for the purposes of client placement, education,
2787		-	87.21support group services, or self-help programs. This chapter does not apply to the activities
2788		-	87.22of a licensed professional in private practice. A license holder providing the initial set of
2789		-	87.23substance use disorder services allowable under section 254A.03, subdivision 3, paragraph
2790		-	87.24(c), to an individual referred to a licensed nonresidential substance use disorder treatment
2791		-	87.25program after a positive screen for alcohol or substance misuse is exempt from sections
2792		-	87.26245G.05; 245G.06, subdivisions 1, 1a, and 4; 245G.07, subdivisions 1, paragraph (a), clauses
2793		-	87.27(2) to (4), and 2, clauses (1) to (7) subdivision 1a, clause (2); and 245G.17.
2794		-	87.28 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2795		-	87.29whichever is later. The commissioner of human services shall notify the revisor of statutes
2796		-	87.30when federal approval is obtained.
2797		-	87Article 4 Sec. 12.
2798		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 88.1 Sec. 13. Minnesota Statutes 2024, section 245G.07, subdivision 1, is amended to read:
2799		-	88.2 Subdivision 1.Treatment service.(a) A licensed residential treatment program must
2800		-	88.3offer the treatment services in clauses (1) to (5) subdivisions 1a and 1b and may offer the
2801		-	88.4treatment services in subdivision 2 to each client, unless clinically inappropriate and the
2802		-	88.5justifying clinical rationale is documented. A nonresidential The treatment program must
2803		-	88.6offer all treatment services in clauses (1) to (5) and document in the individual treatment
2804		-	88.7plan the specific services for which a client has an assessed need and the plan to provide
2805		-	88.8the services:.
2806		-	88.9 (1) individual and group counseling to help the client identify and address needs related
2807		-	88.10to substance use and develop strategies to avoid harmful substance use after discharge and
2808		-	88.11to help the client obtain the services necessary to establish a lifestyle free of the harmful
2809		-	88.12effects of substance use disorder;
2810		-	88.13 (2) client education strategies to avoid inappropriate substance use and health problems
2811		-	88.14related to substance use and the necessary lifestyle changes to regain and maintain health.
2812		-	88.15Client education must include information on tuberculosis education on a form approved
2813		-	88.16by the commissioner, the human immunodeficiency virus according to section 245A.19,
2814		-	88.17other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis;
2815		-	88.18 (3) a service to help the client integrate gains made during treatment into daily living
2816		-	88.19and to reduce the client's reliance on a staff member for support;
2817		-	88.20 (4) a service to address issues related to co-occurring disorders, including client education
2818		-	88.21on symptoms of mental illness, the possibility of comorbidity, and the need for continued
2819		-	88.22medication compliance while recovering from substance use disorder. A group must address
2820		-	88.23co-occurring disorders, as needed. When treatment for mental health problems is indicated,
2821		-	88.24the treatment must be integrated into the client's individual treatment plan; and
2822		-	88.25 (5) treatment coordination provided one-to-one by an individual who meets the staff
2823		-	88.26qualifications in section 245G.11, subdivision 7. Treatment coordination services include:
2824		-	88.27 (i) assistance in coordination with significant others to help in the treatment planning
2825		-	88.28process whenever possible;
2826		-	88.29 (ii) assistance in coordination with and follow up for medical services as identified in
2827		-	88.30the treatment plan;
2828		-	88.31 (iii) facilitation of referrals to substance use disorder services as indicated by a client's
2829		-	88.32medical provider, comprehensive assessment, or treatment plan;
2830		-	88Article 4 Sec. 13.
2831		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 89.1 (iv) facilitation of referrals to mental health services as identified by a client's
2832		-	89.2comprehensive assessment or treatment plan;
2833		-	89.3 (v) assistance with referrals to economic assistance, social services, housing resources,
2834		-	89.4and prenatal care according to the client's needs;
2835		-	89.5 (vi) life skills advocacy and support accessing treatment follow-up, disease management,
2836		-	89.6and education services, including referral and linkages to long-term services and supports
2837		-	89.7as needed; and
2838		-	89.8 (vii) documentation of the provision of treatment coordination services in the client's
2839		-	89.9file.
2840		-	89.10 (b) A treatment service provided to a client must be provided according to the individual
2841		-	89.11treatment plan and must consider cultural differences and special needs of a client.
2842		-	89.12 (c) A supportive service alone does not constitute a treatment service. Supportive services
2843		-	89.13include:
2844		-	89.14 (1) milieu management or supervising or monitoring clients without also providing a
2845		-	89.15treatment service identified in subdivision 1a, 1b, or 2a;
2846		-	89.16 (2) transporting clients;
2847		-	89.17 (3) waiting with clients for appointments at social service agencies, court hearings, and
2848		-	89.18similar activities; and
2849		-	89.19 (4) collecting urinalysis samples.
2850		-	89.20 (d) A treatment service provided in a group setting must be provided in a cohesive
2851		-	89.21manner and setting that allows every client receiving the service to interact and receive the
2852		-	89.22same service at the same time.
2853		-	89.23 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2854		-	89.24whichever is later. The commissioner of human services shall notify the revisor of statutes
2855		-	89.25when federal approval is obtained.
2856		-	89.26Sec. 14. Minnesota Statutes 2024, section 245G.07, subdivision 1, is amended to read:
2857		-	89.27 Subdivision 1.Treatment service.(a) A licensed residential treatment program must
2858		-	89.28offer the treatment services in clauses (1) to (5) to each client, unless clinically inappropriate
2859		-	89.29and the justifying clinical rationale is documented. A nonresidential treatment program must
2860		-	89.30offer all treatment services in clauses (1) to (5) and document in the individual treatment
2861		-	89Article 4 Sec. 14.
2862		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 90.1plan the specific services for which a client has an assessed need and the plan to provide
2863		-	90.2the services:
2864		-	90.3 (1) individual and group counseling to help the client identify and address needs related
2865		-	90.4to substance use and develop strategies to avoid harmful substance use after discharge and
2866		-	90.5to help the client obtain the services necessary to establish a lifestyle free of the harmful
2867		-	90.6effects of substance use disorder;
2868		-	90.7 (2) client education strategies to avoid inappropriate substance use and health problems
2869		-	90.8related to substance use and the necessary lifestyle changes to regain and maintain health.
2870		-	90.9Client education must include information on tuberculosis education on a form approved
2871		-	90.10by the commissioner, the human immunodeficiency virus according to section 245A.19,
2872		-	90.11other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis;
2873		-	90.12 (3) a service to help the client integrate gains made during treatment into daily living
2874		-	90.13and to reduce the client's reliance on a staff member for support;
2875		-	90.14 (4) a service to address issues related to co-occurring disorders, including client education
2876		-	90.15on symptoms of mental illness, the possibility of comorbidity, and the need for continued
2877		-	90.16medication compliance while recovering from substance use disorder. A group must address
2878		-	90.17co-occurring disorders, as needed. When treatment for mental health problems is indicated,
2879		-	90.18the treatment must be integrated into the client's individual treatment plan; and
2880		-	90.19 (5) treatment coordination provided one-to-one by an individual who meets the staff
2881		-	90.20qualifications in section 245G.11, subdivision 7. Treatment coordination services include:
2882		-	90.21 (i) assistance in coordination with significant others to help in the treatment planning
2883		-	90.22process whenever possible;
2884		-	90.23 (ii) assistance in coordination with and follow up for medical services as identified in
2885		-	90.24the treatment plan;
2886		-	90.25 (iii) facilitation of referrals to substance use disorder services as indicated by a client's
2887		-	90.26medical provider, comprehensive assessment, or treatment plan;
2888		-	90.27 (iv) facilitation of referrals to mental health services as identified by a client's
2889		-	90.28comprehensive assessment or treatment plan;
2890		-	90.29 (v) assistance with referrals to and assistance with navigating economic assistance,
2891		-	90.30Minnesota health care programs under chapters 256B and 256L, social services, housing
2892		-	90.31resources, and prenatal care according to the client's needs;
2893		-	90Article 4 Sec. 14.
2894		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 91.1 (vi) life skills advocacy and support accessing treatment follow-up, disease management,
2895		-	91.2and education services, including referral and linkages to long-term services and supports
2896		-	91.3as needed; and
2897		-	91.4 (vii) documentation of the provision of treatment coordination services in the client's
2898		-	91.5file.
2899		-	91.6 (b) A treatment service provided to a client must be provided according to the individual
2900		-	91.7treatment plan and must consider cultural differences and special needs of a client.
2901		-	91.8 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
2902		-	91.9whichever is later.
2903		-	91.10Sec. 15. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
2904		-	91.11to read:
2905		-	91.12 Subd. 1a.Psychosocial treatment service.Psychosocial treatment services must be
2906		-	91.13provided according to the hours identified in section 254B.19 for the ASAM level of care
2907		-	91.14provided to the client. A license holder must provide the following psychosocial treatment
2908		-	91.15services as a part of the client's individual treatment:
2909		-	91.16 (1) counseling services that provide a client with professional assistance in managing
2910		-	91.17substance use disorder and co-occurring conditions, either individually or in a group setting.
2911		-	91.18Counseling must:
2912		-	91.19 (i) use evidence-based techniques to help a client modify behavior, overcome obstacles,
2913		-	91.20and achieve and sustain recovery through techniques such as active listening, guidance,
2914		-	91.21discussion, feedback, and clarification;
2915		-	91.22 (ii) help the client to identify and address needs related to substance use, develop
2916		-	91.23strategies to avoid harmful substance use, and establish a lifestyle free of the harmful effects
2917		-	91.24of substance use disorder; and
2918		-	91.25 (iii) work to improve well-being and mental health, resolve or mitigate symptomatic
2919		-	91.26behaviors, beliefs, compulsions, thoughts, and emotions, and enhance relationships and
2920		-	91.27social skills, while addressing client-centered psychological and emotional needs; and
2921		-	91.28 (2) psychoeducation services to provide a client with information about substance use
2922		-	91.29and co-occurring conditions, either individually or in a group setting. Psychoeducation
2923		-	91.30includes structured presentations, interactive discussions, and practical exercises to help
2924		-	91.31clients understand and manage their conditions effectively. Topics include but are not limited
2925		-	91.32to:
2926		-	91Article 4 Sec. 15.
2927		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 92.1 (i) the causes of substance use disorder and co-occurring disorders;
2928		-	92.2 (ii) behavioral techniques that help a client change behaviors, thoughts, and feelings;
2929		-	92.3 (iii) the importance of maintaining mental health, including understanding symptoms
2930		-	92.4of mental illness;
2931		-	92.5 (iv) medications for addiction and psychiatric disorders and the importance of medication
2932		-	92.6adherence;
2933		-	92.7 (v) the importance of maintaining physical health, health-related risk factors associated
2934		-	92.8with substance use disorder, and specific health education on tuberculosis, HIV, other
2935		-	92.9sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis; and
2936		-	92.10 (vi) harm-reduction strategies.
2937		-	92.11 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2938		-	92.12whichever is later. The commissioner of human services shall notify the revisor of statutes
2939		-	92.13when federal approval is obtained.
2940		-	92.14Sec. 16. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
2941		-	92.15to read:
2942		-	92.16 Subd. 1b.Treatment coordination.(a) Treatment coordination must be provided to a
2943		-	92.17single client by an individual who meets the staff qualifications in section 245G.11,
2944		-	92.18subdivision 7. Treatment coordination services include:
2945		-	92.19 (1) coordinating directly with others involved in the client's treatment and recovery,
2946		-	92.20including the referral source, family or natural supports, social services agencies, and external
2947		-	92.21care providers;
2948		-	92.22 (2) providing clients with training and facilitating connections to community resources
2949		-	92.23that support recovery;
2950		-	92.24 (3) assisting clients in obtaining necessary resources and services such as financial
2951		-	92.25assistance, housing, food, clothing, medical care, education, harm reduction services,
2952		-	92.26vocational support, and recreational services that promote recovery;
2953		-	92.27 (4) helping clients connect and engage with self-help support groups and expand social
2954		-	92.28support networks with family, friends, and organizations; and
2955		-	92.29 (5) assisting clients in transitioning between levels of care, including providing direct
2956		-	92.30connections to ensure continuity of care.
2957		-	92Article 4 Sec. 16.
2958		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 93.1 (b) Treatment coordination does not include coordinating services or communicating
2959		-	93.2with staff members within the licensed program.
2960		-	93.3 (c) Treatment coordination may be provided in a setting with the individual client and
2961		-	93.4others involved in the client's treatment and recovery.
2962		-	93.5 Sec. 17. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
2963		-	93.6to read:
2964		-	93.7 Subd. 2a.Ancillary treatment service.(a) A license holder may provide ancillary
2965		-	93.8services in addition to the hours of psychosocial treatment services identified in section
2966		-	93.9254B.19 for the ASAM level of care provided to the client.
2967		-	93.10 (b) A license holder may provide the following ancillary treatment services as a part of
2968		-	93.11the client's individual treatment:
2969		-	93.12 (1) recovery support services provided individually or in a group setting, that include:
2970		-	93.13 (i) supporting clients in restoring daily living skills, such as health and health care
2971		-	93.14navigation and self-care to enhance personal well-being;
2972		-	93.15 (ii) providing resources and assistance to help clients restore life skills, including effective
2973		-	93.16parenting, financial management, pro-social behavior, education, employment, and nutrition;
2974		-	93.17 (iii) assisting clients in restoring daily functioning and routines affected by substance
2975		-	93.18use and supporting them in developing skills for successful community integration; and
2976		-	93.19 (iv) helping clients respond to or avoid triggers that threaten their community stability,
2977		-	93.20assisting the client in identifying potential crises and developing a plan to address them,
2978		-	93.21and providing support to restore the client's stability and functioning; and
2979		-	93.22 (2) peer recovery support services provided according to sections 254B.05, subdivision
2980		-	93.235, and 254B.052.
2981		-	93.24 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
2982		-	93.25whichever is later. The commissioner of human services shall notify the revisor of statutes
2983		-	93.26when federal approval is obtained.
2984		-	93.27Sec. 18. Minnesota Statutes 2024, section 245G.07, subdivision 3, is amended to read:
2985		-	93.28 Subd. 3.Counselors Treatment service providers.(a) All treatment services, except
2986		-	93.29peer recovery support services and treatment coordination, must be provided by an alcohol
2987		-	93.30and drug counselor qualified according to section 245G.11, subdivision 5, unless the
2988		-	93.31individual providing the service is specifically qualified according to the accepted credential
2989		-	93Article 4 Sec. 18.
2990		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 94.1required to provide the service. The commissioner shall maintain a current list of
2991		-	94.2professionals qualified to provide treatment services.
2992		-	94.3 (b) Psychosocial treatment services must be provided by an alcohol and drug counselor
2993		-	94.4qualified according to section 245G.11, subdivision 5, unless the individual providing the
2994		-	94.5service is specifically qualified according to the accepted credential required to provide the
2995		-	94.6service. The commissioner shall maintain a current list of professionals qualified to provide
2996		-	94.7psychosocial treatment services.
2997		-	94.8 (c) Treatment coordination must be provided by a treatment coordinator qualified
2998		-	94.9according to section 245G.11, subdivision 7.
2999		-	94.10 (d) Recovery support services must be provided by a behavioral health practitioner
3000		-	94.11qualified according to section 245G.11, subdivision 12.
3001		-	94.12 (e) Peer recovery support services must be provided by a recovery peer qualified
3002		-	94.13according to section 245I.04, subdivision 18.
3003		-	94.14 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3004		-	94.15whichever is later. The commissioner of human services shall notify the revisor of statutes
3005		-	94.16when federal approval is obtained.
3006		-	94.17Sec. 19. Minnesota Statutes 2024, section 245G.07, subdivision 4, is amended to read:
3007		-	94.18 Subd. 4.Location of service provision.(a) The license holder must provide all treatment
3008		-	94.19services a client receives at one of the license holder's substance use disorder treatment
3009		-	94.20licensed locations or at a location allowed under paragraphs (b) to (f). If the services are
3010		-	94.21provided at the locations in paragraphs (b) to (d), the license holder must document in the
3011		-	94.22client record the location services were provided.
3012		-	94.23 (b) The license holder may provide nonresidential individual treatment services at a
3013		-	94.24client's home or place of residence.
3014		-	94.25 (c) If the license holder provides treatment services by telehealth, the services must be
3015		-	94.26provided according to this paragraph:
3016		-	94.27 (1) the license holder must maintain a licensed physical location in Minnesota where
3017		-	94.28the license holder must offer all treatment services in subdivision 1, paragraph (a), clauses
3018		-	94.29(1) to (4), 1a physically in-person to each client;
3019		-	94.30 (2) the license holder must meet all requirements for the provision of telehealth in sections
3020		-	94.31254B.05, subdivision 5, paragraph (f), and 256B.0625, subdivision 3b. The license holder
3021		-	94.32must document all items in section 256B.0625, subdivision 3b, paragraph (c), for each client
3022		-	94Article 4 Sec. 19.
3023		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 95.1receiving services by telehealth, regardless of payment type or whether the client is a medical
3024		-	95.2assistance enrollee;
3025		-	95.3 (3) the license holder may provide treatment services by telehealth to clients individually;
3026		-	95.4 (4) the license holder may provide treatment services by telehealth to a group of clients
3027		-	95.5that are each in a separate physical location;
3028		-	95.6 (5) the license holder must not provide treatment services remotely by telehealth to a
3029		-	95.7group of clients meeting together in person, unless permitted under clause (7);
3030		-	95.8 (6) clients and staff may join an in-person group by telehealth if a staff member qualified
3031		-	95.9to provide the treatment service is physically present with the group of clients meeting
3032		-	95.10together in person; and
3033		-	95.11 (7) the qualified professional providing a residential group treatment service by telehealth
3034		-	95.12must be physically present on-site at the licensed residential location while the service is
3035		-	95.13being provided. If weather conditions or short-term illness prohibit a qualified professional
3036		-	95.14from traveling to the residential program and another qualified professional is not available
3037		-	95.15to provide the service, a qualified professional may provide a residential group treatment
3038		-	95.16service by telehealth from a location away from the licensed residential location. In such
3039		-	95.17circumstances, the license holder must ensure that a qualified professional does not provide
3040		-	95.18a residential group treatment service by telehealth from a location away from the licensed
3041		-	95.19residential location for more than one day at a time, must ensure that a staff person who
3042		-	95.20qualifies as a paraprofessional is physically present with the group of clients, and must
3043		-	95.21document the reason for providing the remote telehealth service in the records of clients
3044		-	95.22receiving the service. The license holder must document the dates that residential group
3045		-	95.23treatment services were provided by telehealth from a location away from the licensed
3046		-	95.24residential location in a central log and must provide the log to the commissioner upon
3047		-	95.25request.
3048		-	95.26 (d) The license holder may provide the additional ancillary treatment services under
3049		-	95.27subdivision 2, clauses (2) to (6) and (8), 2a away from the licensed location at a suitable
3050		-	95.28location appropriate to the treatment service.
3051		-	95.29 (e) Upon written approval from the commissioner for each satellite location, the license
3052		-	95.30holder may provide nonresidential treatment services at satellite locations that are in a
3053		-	95.31school, jail, or nursing home. A satellite location may only provide services to students of
3054		-	95.32the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing
3055		-	95.33homes are exempt from the licensing requirements in section 245A.04, subdivision 2a, to
3056		-	95Article 4 Sec. 19.
3057		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 96.1document compliance with building codes, fire and safety codes, health rules, and zoning
3058		-	96.2ordinances.
3059		-	96.3 (f) The commissioner may approve other suitable locations as satellite locations for
3060		-	96.4nonresidential treatment services. The commissioner may require satellite locations under
3061		-	96.5this paragraph to meet all applicable licensing requirements. The license holder may not
3062		-	96.6have more than two satellite locations per license under this paragraph.
3063		-	96.7 (g) The license holder must provide the commissioner access to all files, documentation,
3064		-	96.8staff persons, and any other information the commissioner requires at the main licensed
3065		-	96.9location for all clients served at any location under paragraphs (b) to (f).
3066		-	96.10 (h) Notwithstanding sections 245A.65, subdivision 2, and 626.557, subdivision 14, a
3067		-	96.11program abuse prevention plan is not required for satellite or other locations under paragraphs
3068		-	96.12(b) to (e). An individual abuse prevention plan is still required for any client that is a
3069		-	96.13vulnerable adult as defined in section 626.5572, subdivision 21.
3070		-	96.14 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3071		-	96.15whichever is later. The commissioner of human services shall notify the revisor of statutes
3072		-	96.16when federal approval is obtained.
3073		-	96.17Sec. 20. Minnesota Statutes 2024, section 245G.11, subdivision 6, is amended to read:
3074		-	96.18 Subd. 6.Paraprofessionals.A paraprofessional who does not meet the qualifications
3075		-	96.19of the behavioral health practitioner under section 245G.11, subdivision 12, must have
3076		-	96.20knowledge of client rights, according to section 148F.165, and staff member responsibilities.
3077		-	96.21A paraprofessional may not make decisions to admit, transfer, or discharge a client but may
3078		-	96.22perform tasks related to intake and orientation. A paraprofessional may be the responsible
3079		-	96.23for the delivery of treatment service staff member according to section 245G.10, subdivision
3080		-	96.243. A paraprofessional must not provide a treatment service unless qualified to do so according
3081		-	96.25to section 245G.07, subdivision 3.
3082		-	96.26 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3083		-	96.27whichever is later. The commissioner of human services shall notify the revisor of statutes
3084		-	96.28when federal approval is obtained.
3085		-	96.29Sec. 21. Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read:
3086		-	96.30 Subd. 7.Treatment coordination provider qualifications.(a) Treatment coordination
3087		-	96.31must be provided by qualified staff. An individual is qualified to provide treatment
3088		-	96Article 4 Sec. 21.
3089		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 97.1coordination if the individual meets the qualifications of an alcohol and drug counselor
3090		-	97.2under subdivision 5 or if the individual:
3091		-	97.3 (1) is skilled in the process of identifying and assessing a wide range of client needs;
3092		-	97.4 (2) is knowledgeable about local community resources and how to use those resources
3093		-	97.5for the benefit of the client;
3094		-	97.6 (3) has successfully completed 30 hours of classroom instruction on treatment
3095		-	97.7coordination for an individual with substance use disorder;
3096		-	97.8 (4) has either: a high school diploma or equivalent; and
3097		-	97.9 (i) a bachelor's degree in one of the behavioral sciences or related fields; or
3098		-	97.10 (ii) current certification as an alcohol and drug counselor, level I, by the Upper Midwest
3099		-	97.11Indian Council on Addictive Disorders; and
3100		-	97.12 (5) has at least 2,000 1,000 hours of supervised experience working with individuals
3101		-	97.13with substance use disorder.
3102		-	97.14 (b) A treatment coordinator must receive at least one hour of supervision regarding
3103		-	97.15individual service delivery from an alcohol and drug counselor, or a mental health
3104		-	97.16professional who has substance use treatment and assessments within the scope of their
3105		-	97.17practice, on a monthly basis.
3106		-	97.18 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3107		-	97.19whichever is later. The commissioner of human services shall notify the revisor of statutes
3108		-	97.20when federal approval is obtained.
3109		-	97.21Sec. 22. Minnesota Statutes 2024, section 245G.11, is amended by adding a subdivision
3110		-	97.22to read:
3111		-	97.23 Subd. 12.Behavioral health practitioners.(a) A behavioral health practitioner must
3112		-	97.24meet the qualifications in section 245I.04, subdivision 4.
3113		-	97.25 (b) A behavioral health practitioner working within a substance use disorder treatment
3114		-	97.26program licensed under this chapter has the following scope of practice:
3115		-	97.27 (1) a behavioral health practitioner may provide clients with recovery support services,
3116		-	97.28as defined in section 245G.07, subdivision 2a, paragraph (b), clause (1); and
3117		-	97.29 (2) a behavioral health practitioner must not provide treatment supervision to other staff
3118		-	97.30persons.
3119		-	97Article 4 Sec. 22.
3120		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 98.1 (c) A behavioral health practitioner working within a substance use disorder treatment
3121		-	98.2program licensed under this chapter must receive at least one hour of supervision per month
3122		-	98.3on individual service delivery from an alcohol and drug counselor or a mental health
3123		-	98.4professional who has substance use treatment and assessments within the scope of their
3124		-	98.5practice.
3125		-	98.6 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3126		-	98.7whichever is later. The commissioner of human services shall notify the revisor of statutes
3127		-	98.8when federal approval is obtained.
3128		-	98.9 Sec. 23. Minnesota Statutes 2024, section 245G.22, subdivision 11, is amended to read:
3129		-	98.10 Subd. 11.Waiting list.An opioid treatment program must have a waiting list system.
3130		-	98.11If the person seeking admission cannot be admitted within 14 days of the date of application,
3131		-	98.12each person seeking admission must be placed on the waiting list, unless the person seeking
3132		-	98.13admission is assessed by the program and found ineligible for admission according to this
3133		-	98.14chapter and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12 (e),
3134		-	98.15and title 45, parts 160 to 164. The waiting list must assign a unique client identifier for each
3135		-	98.16person seeking treatment while awaiting admission. A person seeking admission on a waiting
3136		-	98.17list who receives no services under section 245G.07, subdivision 1 1a or 1b, must not be
3137		-	98.18considered a client as defined in section 245G.01, subdivision 9.
3138		-	98.19 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3139		-	98.20whichever is later. The commissioner of human services shall notify the revisor of statutes
3140		-	98.21when federal approval is obtained.
3141		-	98.22Sec. 24. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
3142		-	98.23 Subd. 15.Nonmedication treatment services; documentation.(a) The program must
3143		-	98.24offer at least 50 consecutive minutes of individual or group therapy treatment services as
3144		-	98.25defined in section 245G.07, subdivision 1, paragraph (a) 1a, clause (1), per week, for the
3145		-	98.26first ten weeks following the day of service initiation, and at least 50 consecutive minutes
3146		-	98.27per month thereafter. As clinically appropriate, the program may offer these services
3147		-	98.28cumulatively and not consecutively in increments of no less than 15 minutes over the required
3148		-	98.29time period, and for a total of 60 minutes of treatment services over the time period, and
3149		-	98.30must document the reason for providing services cumulatively in the client's record. The
3150		-	98.31program may offer additional levels of service when deemed clinically necessary.
3151		-	98.32 (b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
3152		-	98.33the assessment must be completed within 21 days from the day of service initiation.
3153		-	98Article 4 Sec. 24.
3154		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 99.1 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3155		-	99.2whichever is later. The commissioner of human services shall notify the revisor of statutes
3156		-	99.3when federal approval is obtained.
3157		-	99.4 Sec. 25. Minnesota Statutes 2024, section 254A.19, subdivision 4, is amended to read:
3158		-	99.5 Subd. 4.Civil commitments.For the purposes of determining level of care, a
3159		-	99.6comprehensive assessment does not need to be completed for an individual being committed
3160		-	99.7as a chemically dependent person, as defined in section 253B.02, and for the duration of a
3161		-	99.8civil commitment under section 253B.09 or 253B.095 in order for a county the individual
3162		-	99.9to access be eligible for the behavioral health fund under section 254B.04. The county
3163		-	99.10commissioner must determine if the individual meets the financial eligibility requirements
3164		-	99.11for the behavioral health fund under section 254B.04.
3165		-	99.12 EFFECTIVE DATE.This section is effective January 1, 2027.
3166		-	99.13Sec. 26. Minnesota Statutes 2024, section 254B.01, subdivision 10, is amended to read:
3167		-	99.14 Subd. 10.Skilled Psychosocial treatment services."Skilled Psychosocial treatment
3168		-	99.15services" includes the treatment services described in section 245G.07, subdivisions 1,
3169		-	99.16paragraph (a), clauses (1) to (4), and 2, clauses (1) to (6). Skilled subdivision 1a. Psychosocial
3170		-	99.17treatment services must be provided by qualified professionals as identified in section
3171		-	99.18245G.07, subdivision 3, paragraph (b).
3172		-	99.19 EFFECTIVE DATE.This section is effective July 1, 2026, or upon federal approval,
3173		-	99.20whichever is later. The commissioner of human services shall notify the revisor of statutes
3174		-	99.21when federal approval is obtained.
3175		-	99.22Sec. 27. Minnesota Statutes 2024, section 254B.01, subdivision 11, is amended to read:
3176		-	99.23 Subd. 11.Sober home Recovery residence.A sober home recovery residence is a
3177		-	99.24cooperative living residence, a room and board residence, an apartment, or any other living
3178		-	99.25accommodation that:
3179		-	99.26 (1) provides temporary housing to persons with substance use disorders;
3180		-	99.27 (2) stipulates that residents must abstain from using alcohol or other illicit drugs or
3181		-	99.28substances not prescribed by a physician;
3182		-	99.29 (3) charges a fee for living there;
3183		-	99.30 (4) does not provide counseling or treatment services to residents;
3184		-	99Article 4 Sec. 27.
3185		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 100.1 (5) promotes sustained recovery from substance use disorders; and
3186		-	100.2 (6) follows the sober living guidelines published by the federal Substance Abuse and
3187		-	100.3Mental Health Services Administration.
3188		-	100.4 EFFECTIVE DATE.This section is effective January 1, 2027.
3189		-	100.5Sec. 28. Minnesota Statutes 2024, section 254B.02, subdivision 5, is amended to read:
3190		-	100.6 Subd. 5.Local agency Tribal allocation.The commissioner may make payments to
3191		-	100.7local agencies Tribal Nation servicing agencies from money allocated under this section to
3192		-	100.8support individuals with substance use disorders and determine eligibility for behavioral
3193		-	100.9health fund payments. The payment must not be less than 133 percent of the local agency
3194		-	100.10Tribal Nations payment for the fiscal year ending June 30, 2009, adjusted in proportion to
3195		-	100.11the statewide change in the appropriation for this chapter.
3196		-	100.12 EFFECTIVE DATE.This section is effective January 1, 2026.
3197		-	100.13Sec. 29. Minnesota Statutes 2024, section 254B.03, subdivision 1, is amended to read:
3198		-	100.14 Subdivision 1.Local agency duties Financial eligibility determinations.(a) Every
3199		-	100.15local agency The commissioner of human services or Tribal Nation servicing agencies must
3200		-	100.16determine financial eligibility for substance use disorder services and provide substance
3201		-	100.17use disorder services to persons residing within its jurisdiction who meet criteria established
3202		-	100.18by the commissioner. Substance use disorder money must be administered by the local
3203		-	100.19agencies according to law and rules adopted by the commissioner under sections 14.001 to
3204		-	100.2014.69.
3205		-	100.21 (b) In order to contain costs, the commissioner of human services shall select eligible
3206		-	100.22vendors of substance use disorder services who can provide economical and appropriate
3207		-	100.23treatment. Unless the local agency is a social services department directly administered by
3208		-	100.24a county or human services board, the local agency shall not be an eligible vendor under
3209		-	100.25section 254B.05. The commissioner may approve proposals from county boards to provide
3210		-	100.26services in an economical manner or to control utilization, with safeguards to ensure that
3211		-	100.27necessary services are provided. If a county implements a demonstration or experimental
3212		-	100.28medical services funding plan, the commissioner shall transfer the money as appropriate.
3213		-	100.29 (c) An individual may choose to obtain a comprehensive assessment as provided in
3214		-	100.30section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
3215		-	100.31provider that is licensed to provide the level of service authorized pursuant to section
3216		-	100Article 4 Sec. 29.
3217		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 101.1254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
3218		-	101.2must comply with any provider network requirements or limitations.
3219		-	101.3 (d) Beginning July 1, 2022, local agencies shall not make placement location
3220		-	101.4determinations.
3221		-	101.5 EFFECTIVE DATE.This section is effective January 1, 2027.
3222		-	101.6Sec. 30. Minnesota Statutes 2024, section 254B.03, subdivision 3, is amended to read:
3223		-	101.7 Subd. 3.Local agencies Counties to pay state for county share.Local agencies
3224		-	101.8Counties shall pay the state for the county share of the services authorized by the local
3225		-	101.9agency commissioner, except when the payment is made according to section 254B.09,
3226		-	101.10subdivision 8.
3227		-	101.11 EFFECTIVE DATE.This section is effective January 1, 2026.
3228		-	101.12Sec. 31. Minnesota Statutes 2024, section 254B.03, subdivision 4, is amended to read:
3229		-	101.13 Subd. 4.Division of costs.(a) Except for services provided by a county under section
3230		-	101.14254B.09, subdivision 1, or services provided under section 256B.69, the county shall, out
3231		-	101.15of local money, pay the state for 22.95 50 percent of the cost of substance use disorder
3232		-	101.16services, except for those individuals living in carceral settings. The county shall pay the
3233		-	101.17state 22.95 percent of the cost of substance use disorder services for individuals in carceral
3234		-	101.18settings. Services provided to persons enrolled in medical assistance under chapter 256B
3235		-	101.19and room and board services under section 254B.05, subdivision 5, paragraph (b), are
3236		-	101.20exempted from county contributions. Counties may use the indigent hospitalization levy
3237		-	101.21for treatment and hospital payments made under this section.
3238		-	101.22 (b) 22.95 50 percent of any state collections from private or third-party pay, less 15
3239		-	101.23percent for the cost of payment and collections, must be distributed to the county that paid
3240		-	101.24for a portion of the treatment under this section.
3241		-	101.25 EFFECTIVE DATE.This section is effective January 1, 2026.
3242		-	101.26Sec. 32. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
3243		-	101.27 Subd. 1a.Client eligibility.(a) Persons eligible for benefits under Code of Federal
3244		-	101.28Regulations, title 25, part 20, who meet the income standards of section 256B.056,
3245		-	101.29subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
3246		-	101.30fund services. State money appropriated for this paragraph must be placed in a separate
3247		-	101.31account established for this purpose.
3248		-	101Article 4 Sec. 32.
3249		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 102.1 (b) Persons with dependent children who are determined to be in need of substance use
3250		-	102.2disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
3251		-	102.3need of chemical dependency treatment pursuant to a case plan under section 260C.201,
3252		-	102.4subdivision 6, or 260C.212, shall be assisted by the local agency commissioner to access
3253		-	102.5needed treatment services. Treatment services must be appropriate for the individual or
3254		-	102.6family, which may include long-term care treatment or treatment in a facility that allows
3255		-	102.7the dependent children to stay in the treatment facility. The county shall pay for out-of-home
3256		-	102.8placement costs, if applicable.
3257		-	102.9 (c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
3258		-	102.10MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
3259		-	102.115, paragraph (b), clause (9).
3260		-	102.12 (d) A client is eligible to have substance use disorder treatment paid for with funds from
3261		-	102.13the behavioral health fund when the client:
3262		-	102.14 (1) is eligible for MFIP as determined under chapter 142G;
3263		-	102.15 (2) is eligible for medical assistance as determined under Minnesota Rules, parts
3264		-	102.169505.0010 to 9505.0150 9505.140;
3265		-	102.17 (3) is eligible for general assistance, general assistance medical care, or work readiness
3266		-	102.18as determined under Minnesota Rules, parts 9500.1200 to 9500.1318 9500.1272; or
3267		-	102.19 (4) has income that is within current household size and income guidelines for entitled
3268		-	102.20persons, as defined in this subdivision and subdivision 7.
3269		-	102.21 (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
3270		-	102.22a third-party payment source are eligible for the behavioral health fund if the third-party
3271		-	102.23payment source pays less than 100 percent of the cost of treatment services for eligible
3272		-	102.24clients.
3273		-	102.25 (f) A client is ineligible to have substance use disorder treatment services paid for with
3274		-	102.26behavioral health fund money if the client:
3275		-	102.27 (1) has an income that exceeds current household size and income guidelines for entitled
3276		-	102.28persons as defined in this subdivision and subdivision 7; or
3277		-	102.29 (2) has an available third-party payment source that will pay the total cost of the client's
3278		-	102.30treatment.
3279		-	102.31 (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
3280		-	102.32is eligible for continued treatment service that is paid for by the behavioral health fund until
3281		-	102Article 4 Sec. 32.
3282		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 103.1the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
3283		-	103.2if the client:
3284		-	103.3 (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
3285		-	103.4medical care; or
3286		-	103.5 (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
3287		-	103.6agency the commissioner under section 254B.04.
3288		-	103.7 (h) When a county commits a client under chapter 253B to a regional treatment center
3289		-	103.8for substance use disorder services and the client is ineligible for the behavioral health fund,
3290		-	103.9the county is responsible for the payment to the regional treatment center according to
3291		-	103.10section 254B.05, subdivision 4.
3292		-	103.11 (i) Persons enrolled in MinnesotaCare are eligible for room and board services when
3293		-	103.12provided through intensive residential treatment services and residential crisis services under
3294		-	103.13section 256B.0622.
3295		-	103.14 (j) A person is eligible for one 60-consecutive-calendar-day period per year. A person
3296		-	103.15may submit a request for additional eligibility to the commissioner. A person denied
3297		-	103.16additional eligibility under this paragraph may request a state agency hearing under section
3298		-	103.17256.045.
3299		-	103.18 EFFECTIVE DATE.This section is effective January 1, 2027.
3300		-	103.19Sec. 33. Minnesota Statutes 2024, section 254B.04, subdivision 5, is amended to read:
3301		-	103.20 Subd. 5.Local agency Commissioner responsibility to provide administrative
3302		-	103.21services.The local agency commissioner of human services may employ individuals to
3303		-	103.22conduct administrative activities and facilitate access to substance use disorder treatment
3304		-	103.23services.
3305		-	103.24 EFFECTIVE DATE.This section is effective January 1, 2027.
3306		-	103.25Sec. 34. Minnesota Statutes 2024, section 254B.04, subdivision 6, is amended to read:
3307		-	103.26 Subd. 6.Local agency Commissioner to determine client financial eligibility.(a)
3308		-	103.27The local agency commissioner shall determine a client's financial eligibility for the
3309		-	103.28behavioral health fund according to section 254B.04, subdivision 1a, with the income
3310		-	103.29calculated prospectively for one year from the date of request. The local agency commissioner
3311		-	103.30shall pay for eligible clients according to chapter 256G. Client eligibility must be determined
3312		-	103.31using only forms prescribed by the commissioner unless the local agency has a reasonable
3313		-	103Article 4 Sec. 34.
3314		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 104.1basis for believing that the information submitted on a form is false. To determine a client's
3315		-	104.2eligibility, the local agency commissioner must determine the client's income, the size of
3316		-	104.3the client's household, the availability of a third-party payment source, and a responsible
3317		-	104.4relative's ability to pay for the client's substance use disorder treatment.
3318		-	104.5 (b) A client who is a minor child must not be deemed to have income available to pay
3319		-	104.6for substance use disorder treatment, unless the minor child is responsible for payment under
3320		-	104.7section 144.347 for substance use disorder treatment services sought under section 144.343,
3321		-	104.8subdivision 1.
3322		-	104.9 (c) The local agency commissioner must determine the client's household size as follows:
3323		-	104.10 (1) if the client is a minor child, the household size includes the following persons living
3324		-	104.11in the same dwelling unit:
3325		-	104.12 (i) the client;
3326		-	104.13 (ii) the client's birth or adoptive parents; and
3327		-	104.14 (iii) the client's siblings who are minors; and
3328		-	104.15 (2) if the client is an adult, the household size includes the following persons living in
3329		-	104.16the same dwelling unit:
3330		-	104.17 (i) the client;
3331		-	104.18 (ii) the client's spouse;
3332		-	104.19 (iii) the client's minor children; and
3333		-	104.20 (iv) the client's spouse's minor children.
3334		-	104.21For purposes of this paragraph, household size includes a person listed in clauses (1) and
3335		-	104.22(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing
3336		-	104.23to the cost of care of the person in out-of-home placement.
3337		-	104.24 (d) The local agency commissioner must determine the client's current prepaid health
3338		-	104.25plan enrollment, the availability of a third-party payment source, including the availability
3339		-	104.26of total payment, partial payment, and amount of co-payment.
3340		-	104.27 (e) The local agency must provide the required eligibility information to the department
3341		-	104.28in the manner specified by the department.
3342		-	104.29 (f) (e) The local agency commissioner shall require the client and policyholder to
3343		-	104.30conditionally assign to the department the client and policyholder's rights and the rights of
3344		-	104Article 4 Sec. 34.
3345		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 105.1minor children to benefits or services provided to the client if the department is required to
3346		-	105.2collect from a third-party pay source.
3347		-	105.3 (g) (f) The local agency commissioner must redetermine determine a client's eligibility
3348		-	105.4for the behavioral health fund every 12 months for a 60-consecutive-calendar-day period
3349		-	105.5per calendar year.
3350		-	105.6 (h) (g) A client, responsible relative, and policyholder must provide income or wage
3351		-	105.7verification, household size verification, and must make an assignment of third-party payment
3352		-	105.8rights under paragraph (f) (e). If a client, responsible relative, or policyholder does not
3353		-	105.9comply with the provisions of this subdivision, the client is ineligible for behavioral health
3354		-	105.10fund payment for substance use disorder treatment, and the client and responsible relative
3355		-	105.11must be obligated to pay for the full cost of substance use disorder treatment services
3356		-	105.12provided to the client.
3357		-	105.13 EFFECTIVE DATE.This section is effective January 1, 2027.
3358		-	105.14Sec. 35. Minnesota Statutes 2024, section 254B.04, subdivision 6a, is amended to read:
3359		-	105.15 Subd. 6a.Span of eligibility.The local agency commissioner must enter the financial
3360		-	105.16eligibility span within five business days of a request. If the comprehensive assessment is
3361		-	105.17completed within the timelines required under chapter 245G, then the span of eligibility
3362		-	105.18must begin on the date services were initiated. If the comprehensive assessment is not
3363		-	105.19completed within the timelines required under chapter 245G, then the span of eligibility
3364		-	105.20must begin on the date the comprehensive assessment was completed.
3365		-	105.21 EFFECTIVE DATE.This section is effective January 1, 2027.
3366		-	105.22Sec. 36. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
3367		-	105.23 Subdivision 1.Licensure or certification required.(a) Programs licensed by the
3368		-	105.24commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
3369		-	105.25eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
3370		-	105.26programs that provide substance use disorder treatment, extended care, transitional residence,
3371		-	105.27or outpatient treatment services, and are licensed by tribal government are eligible vendors.
3372		-	105.28 (b) A licensed professional in private practice as defined in section 245G.01, subdivision
3373		-	105.2917, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
3374		-	105.30vendor of a comprehensive assessment provided according to section 254A.19, subdivision
3375		-	105.313, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
3376		-	105Article 4 Sec. 36.
3377		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 106.11, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6). subdivisions
3378		-	106.21, 1a, and 1b.
3379		-	106.3 (c) A county is an eligible vendor for a comprehensive assessment when provided by
3380		-	106.4an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
3381		-	106.5and completed according to the requirements of section 254A.19, subdivision 3. A county
3382		-	106.6is an eligible vendor of care treatment coordination services when provided by an individual
3383		-	106.7who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
3384		-	106.8according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5)
3385		-	106.91b. A county is an eligible vendor of peer recovery services when the services are provided
3386		-	106.10by an individual who meets the requirements of section 245G.11, subdivision 8, and
3387		-	106.11according to section 254B.052.
3388		-	106.12 (d) A recovery community organization that meets the requirements of clauses (1) to
3389		-	106.13(14), complies with the training requirements in section 254B.052, subdivision 4, and meets
3390		-	106.14certification or accreditation requirements of the Alliance for Recovery Centered
3391		-	106.15Organizations, the Council on Accreditation of Peer Recovery Support Services, or a
3392		-	106.16Minnesota statewide recovery organization identified by the commissioner is an eligible
3393		-	106.17vendor of peer recovery support services. A Minnesota statewide recovery organization
3394		-	106.18identified by the commissioner must update recovery community organization applicants
3395		-	106.19for certification or accreditation on the status of the application within 45 days of receipt.
3396		-	106.20If the approved statewide recovery organization denies an application, it must provide a
3397		-	106.21written explanation for the denial to the recovery community organization. Eligible vendors
3398		-	106.22under this paragraph must:
3399		-	106.23 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
3400		-	106.24free from conflicting self-interests, and be autonomous in decision-making, program
3401		-	106.25development, peer recovery support services provided, and advocacy efforts for the purpose
3402		-	106.26of supporting the recovery community organization's mission;
3403		-	106.27 (2) be led and governed by individuals in the recovery community, with more than 50
3404		-	106.28percent of the board of directors or advisory board members self-identifying as people in
3405		-	106.29personal recovery from substance use disorders;
3406		-	106.30 (3) have a mission statement and conduct corresponding activities indicating that the
3407		-	106.31organization's primary purpose is to support recovery from substance use disorder;
3408		-	106.32 (4) demonstrate ongoing community engagement with the identified primary region and
3409		-	106.33population served by the organization, including individuals in recovery and their families,
3410		-	106.34friends, and recovery allies;
3411		-	106Article 4 Sec. 36.
3412		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 107.1 (5) be accountable to the recovery community through documented priority-setting and
3413		-	107.2participatory decision-making processes that promote the engagement of, and consultation
3414		-	107.3with, people in recovery and their families, friends, and recovery allies;
3415		-	107.4 (6) provide nonclinical peer recovery support services, including but not limited to
3416		-	107.5recovery support groups, recovery coaching, telephone recovery support, skill-building,
3417		-	107.6and harm-reduction activities, and provide recovery public education and advocacy;
3418		-	107.7 (7) have written policies that allow for and support opportunities for all paths toward
3419		-	107.8recovery and refrain from excluding anyone based on their chosen recovery path, which
3420		-	107.9may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
3421		-	107.10paths;
3422		-	107.11 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people
3423		-	107.12of color communities, LGBTQ+ communities, and other underrepresented or marginalized
3424		-	107.13communities. Organizational practices may include board and staff training, service offerings,
3425		-	107.14advocacy efforts, and culturally informed outreach and services;
3426		-	107.15 (9) use recovery-friendly language in all media and written materials that is supportive
3427		-	107.16of and promotes recovery across diverse geographical and cultural contexts and reduces
3428		-	107.17stigma;
3429		-	107.18 (10) establish and maintain a publicly available recovery community organization code
3430		-	107.19of ethics and grievance policy and procedures;
3431		-	107.20 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
3432		-	107.21independent contractor;
3433		-	107.22 (12) not classify or treat any recovery peer as an independent contractor on or after
3434		-	107.23January 1, 2025;
3435		-	107.24 (13) provide an orientation for recovery peers that includes an overview of the consumer
3436		-	107.25advocacy services provided by the Ombudsman for Mental Health and Developmental
3437		-	107.26Disabilities and other relevant advocacy services; and
3438		-	107.27 (14) provide notice to peer recovery support services participants that includes the
3439		-	107.28following statement: "If you have a complaint about the provider or the person providing
3440		-	107.29your peer recovery support services, you may contact the Minnesota Alliance of Recovery
3441		-	107.30Community Organizations. You may also contact the Office of Ombudsman for Mental
3442		-	107.31Health and Developmental Disabilities." The statement must also include:
3443		-	107Article 4 Sec. 36.
3444		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 108.1 (i) the telephone number, website address, email address, and mailing address of the
3445		-	108.2Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
3446		-	108.3for Mental Health and Developmental Disabilities;
3447		-	108.4 (ii) the recovery community organization's name, address, email, telephone number, and
3448		-	108.5name or title of the person at the recovery community organization to whom problems or
3449		-	108.6complaints may be directed; and
3450		-	108.7 (iii) a statement that the recovery community organization will not retaliate against a
3451		-	108.8peer recovery support services participant because of a complaint.
3452		-	108.9 (e) A recovery community organization approved by the commissioner before June 30,
3453		-	108.102023, must have begun the application process as required by an approved certifying or
3454		-	108.11accrediting entity and have begun the process to meet the requirements under paragraph (d)
3455		-	108.12by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
3456		-	108.13support services.
3457		-	108.14 (f) A recovery community organization that is aggrieved by an accreditation, certification,
3458		-	108.15or membership determination and believes it meets the requirements under paragraph (d)
3459		-	108.16may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
3460		-	108.17(14), for reconsideration as an eligible vendor. If the human services judge determines that
3461		-	108.18the recovery community organization meets the requirements under paragraph (d), the
3462		-	108.19recovery community organization is an eligible vendor of peer recovery support services.
3463		-	108.20 (g) All recovery community organizations must be certified or accredited by an entity
3464		-	108.21listed in paragraph (d) by June 30, 2025.
3465		-	108.22 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
3466		-	108.239530.6590, are not eligible vendors. Programs that are not licensed as a residential or
3467		-	108.24nonresidential substance use disorder treatment or withdrawal management program by the
3468		-	108.25commissioner or by tribal government or do not meet the requirements of subdivisions 1a
3469		-	108.26and 1b are not eligible vendors.
3470		-	108.27 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible
3471		-	108.28vendors of a comprehensive assessment when the comprehensive assessment is completed
3472		-	108.29according to section 254A.19, subdivision 3, and by an individual who meets the criteria
3473		-	108.30of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
3474		-	108.31and drug counselor must be individually enrolled with the commissioner and reported on
3475		-	108.32the claim as the individual who provided the service.
3476		-	108Article 4 Sec. 36.
3477		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 109.1 (j) Any complaints about a recovery community organization or peer recovery support
3478		-	109.2services may be made to and reviewed or investigated by the ombudsperson for behavioral
3479		-	109.3health and developmental disabilities under sections 245.91 and 245.94.
3480		-	109.4Sec. 37. Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
3481		-	109.5 Subd. 1a.Room and board provider requirements.(a) Vendors of room and board
3482		-	109.6are eligible for behavioral health fund payment if the vendor:
3483		-	109.7 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
3484		-	109.8while residing in the facility and provide consequences for infractions of those rules;
3485		-	109.9 (2) is determined to meet applicable health and safety requirements;
3486		-	109.10 (3) is not a jail or prison;
3487		-	109.11 (4) is not concurrently receiving funds under chapter 256I for the recipient;
3488		-	109.12 (5) admits individuals who are 18 years of age or older;
3489		-	109.13 (6) is registered as a board and lodging or lodging establishment according to section
3490		-	109.14157.17;
3491		-	109.15 (7) has awake staff on site whenever a client is present;
3492		-	109.16 (8) has staff who are at least 18 years of age and meet the requirements of section
3493		-	109.17245G.11, subdivision 1, paragraph (b);
3494		-	109.18 (9) has emergency behavioral procedures that meet the requirements of section 245G.16;
3495		-	109.19 (10) meets the requirements of section 245G.08, subdivision 5, if administering
3496		-	109.20medications to clients;
3497		-	109.21 (11) meets the abuse prevention requirements of section 245A.65, including a policy on
3498		-	109.22fraternization and the mandatory reporting requirements of section 626.557;
3499		-	109.23 (12) documents coordination with the treatment provider to ensure compliance with
3500		-	109.24section 254B.03, subdivision 2;
3501		-	109.25 (13) protects client funds and ensures freedom from exploitation by meeting the
3502		-	109.26provisions of section 245A.04, subdivision 13;
3503		-	109.27 (14) has a grievance procedure that meets the requirements of section 245G.15,
3504		-	109.28subdivision 2; and
3505		-	109.29 (15) has sleeping and bathroom facilities for men and women separated by a door that
3506		-	109.30is locked, has an alarm, or is supervised by awake staff.
3507		-	109Article 4 Sec. 37.
3508		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 110.1 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
3509		-	110.2paragraph (a), clauses (5) to (15).
3510		-	110.3 (c) Programs providing children's mental health crisis admissions and stabilization under
3511		-	110.4section 245.4882, subdivision 6, are eligible vendors of room and board.
3512		-	110.5 (d) Programs providing children's residential services under section 245.4882, except
3513		-	110.6services for individuals who have a placement under chapter 260C or 260D, are eligible
3514		-	110.7vendors of room and board.
3515		-	110.8 (e) Licensed programs providing intensive residential treatment services or residential
3516		-	110.9crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
3517		-	110.10of room and board and are exempt from paragraph (a), clauses (6) to (15).
3518		-	110.11 (f) A vendor that is not licensed as a residential treatment program must have a policy
3519		-	110.12to address staffing coverage when a client may unexpectedly need to be present at the room
3520		-	110.13and board site.
3521		-	110.14 (g) No new vendors for room and board services may be approved after June 30, 2025,
3522		-	110.15to receive payments from the behavioral health fund, under the provisions of section 254B.04,
3523		-	110.16subdivision 2a. Room and board vendors that were approved and operating prior to July 1,
3524		-	110.172025, may continue to receive payments from the behavioral health fund for services provided
3525		-	110.18until June 30, 2027. Room and board vendors providing services in accordance with section
3526		-	110.19254B.04, subdivision 2a, will no longer be eligible to claim reimbursement for room and
3527		-	110.20board services provided on or after July 1, 2027.
3528		-	110.21 EFFECTIVE DATE.This section is effective the day following final enactment.
3529		-	110.22Sec. 38. Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read:
3530		-	110.23 Subd. 5.Rate requirements.(a) Subject to the requirements of subdivision 6, the
3531		-	110.24commissioner shall establish rates for the following substance use disorder treatment services
3532		-	110.25and service enhancements funded under this chapter.:
3533		-	110.26 (b) Eligible substance use disorder treatment services include:
3534		-	110.27 (1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
3535		-	110.28and provided according to the following ASAM levels of care:
3536		-	110.29 (i) ASAM level 0.5 early intervention services provided according to section 254B.19,
3537		-	110.30subdivision 1, clause (1);
3538		-	110.31 (ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
3539		-	110.32subdivision 1, clause (2);
3540		-	110Article 4 Sec. 38.
3541		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 111.1 (iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
3542		-	111.2subdivision 1, clause (3);
3543		-	111.3 (iv) ASAM level 2.5 partial hospitalization services provided according to section
3544		-	111.4254B.19, subdivision 1, clause (4);
3545		-	111.5 (v) ASAM level 3.1 clinically managed low-intensity residential services provided
3546		-	111.6according to section 254B.19, subdivision 1, clause (5). The commissioner shall use the
3547		-	111.7base payment rate of $79.84 per day for services provided under this item;
3548		-	111.8 (vi) ASAM level 3.1 clinically managed low-intensity residential services provided
3549		-	111.9according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled
3550		-	111.10treatment services each week. The commissioner shall use the base payment rate of $166.13
3551		-	111.11per day for services provided under this item;
3552		-	111.12 (vii) ASAM level 3.3 clinically managed population-specific high-intensity residential
3553		-	111.13services provided according to section 254B.19, subdivision 1, clause (6). The commissioner
3554		-	111.14shall use the specified base payment rate of $224.06 per day for services provided under
3555		-	111.15this item; and
3556		-	111.16 (viii) ASAM level 3.5 clinically managed high-intensity residential services provided
3557		-	111.17according to section 254B.19, subdivision 1, clause (7). The commissioner shall use the
3558		-	111.18specified base payment rate of $224.06 per day for services provided under this item;
3559		-	111.19 (2) comprehensive assessments provided according to section 254A.19, subdivision 3;
3560		-	111.20 (3) treatment coordination services provided according to section 245G.07, subdivision
3561		-	111.211, paragraph (a), clause (5);
3562		-	111.22 (4) peer recovery support services provided according to section 245G.07, subdivision
3563		-	111.232, clause (8);
3564		-	111.24 (5) withdrawal management services provided according to chapter 245F;
3565		-	111.25 (6) hospital-based treatment services that are licensed according to sections 245G.01 to
3566		-	111.26245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to
3567		-	111.27144.56;
3568		-	111.28 (7) substance use disorder treatment services with medications for opioid use disorder
3569		-	111.29provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17
3570		-	111.30and 245G.22, or under an applicable Tribal license;
3571		-	111Article 4 Sec. 38.
3572		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 112.1 (8) medium-intensity residential treatment services that provide 15 hours of skilled
3573		-	112.2treatment services each week and are licensed according to sections 245G.01 to 245G.17
3574		-	112.3and 245G.21 or applicable Tribal license;
3575		-	112.4 (9) adolescent treatment programs that are licensed as outpatient treatment programs
3576		-	112.5according to sections 245G.01 to 245G.18 or as residential treatment programs according
3577		-	112.6to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
3578		-	112.7applicable Tribal license;
3579		-	112.8 (10) ASAM 3.5 clinically managed high-intensity residential services that are licensed
3580		-	112.9according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which
3581		-	112.10provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
3582		-	112.11and are provided by a state-operated vendor or to clients who have been civilly committed
3583		-	112.12to the commissioner, present the most complex and difficult care needs, and are a potential
3584		-	112.13threat to the community; and
3585		-	112.14 (11) room and board facilities that meet the requirements of subdivision 1a.
3586		-	112.15 (c) (b) The commissioner shall establish higher rates for programs that meet the
3587		-	112.16requirements of paragraph (b) (a) and one of the following additional requirements: the
3588		-	112.17requirements of one clause in this paragraph.
3589		-	112.18 (1) Programs that serve parents with their children are eligible for an enhanced payment
3590		-	112.19rate if the program:
3591		-	112.20 (i) provides on-site child care during the hours of treatment activity that:
3592		-	112.21 (A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
3593		-	112.229503; or
3594		-	112.23 (B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or
3595		-	112.24 (ii) arranges for off-site child care during hours of treatment activity at a facility that is
3596		-	112.25licensed under chapter 245A as:
3597		-	112.26 (A) a child care center under Minnesota Rules, chapter 9503; or
3598		-	112.27 (B) a family child care home under Minnesota Rules, chapter 9502;.
3599		-	112.28In order to be eligible for a higher rate under this clause, a program that provides
3600		-	112.29arrangements for off-site child care must maintain current documentation at the substance
3601		-	112.30use disorder facility of the child care provider's current licensure to provide child care
3602		-	112.31services.
3603		-	112Article 4 Sec. 38.
3604		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 113.1 (2) Culturally specific or culturally responsive programs as defined in section 254B.01,
3605		-	113.2subdivision 4a;, are eligible for an enhanced payment rate.
3606		-	113.3 (3) Disability responsive programs as defined in section 254B.01, subdivision 4b;, are
3607		-	113.4eligible for an enhanced payment rate.
3608		-	113.5 (4) Programs that offer medical services delivered by appropriately credentialed health
3609		-	113.6care staff in an amount equal to one hour per client per week are eligible for an enhanced
3610		-	113.7payment rate if the medical needs of the client and the nature and provision of any medical
3611		-	113.8services provided are documented in the client file; or.
3612		-	113.9 (5) Programs that offer services to individuals with co-occurring mental health and
3613		-	113.10substance use disorder problems are eligible for an enhanced payment rate if:
3614		-	113.11 (i) the program meets the co-occurring requirements in section 245G.20;
3615		-	113.12 (ii) the program employs a mental health professional as defined in section 245I.04,
3616		-	113.13subdivision 2;
3617		-	113.14 (iii) clients scoring positive on a standardized mental health screen receive a mental
3618		-	113.15health diagnostic assessment within ten days of admission;
3619		-	113.16 (iv) the program has standards for multidisciplinary case review that include a monthly
3620		-	113.17review for each client that, at a minimum, includes a licensed mental health professional
3621		-	113.18and licensed alcohol and drug counselor, and their involvement in the review is documented;
3622		-	113.19 (v) family education is offered that addresses mental health and substance use disorder
3623		-	113.20and the interaction between the two; and
3624		-	113.21 (vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
3625		-	113.22training annually.
3626		-	113.23 (d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
3627		-	113.24that provides arrangements for off-site child care must maintain current documentation at
3628		-	113.25the substance use disorder facility of the child care provider's current licensure to provide
3629		-	113.26child care services.
3630		-	113.27(e) Adolescent residential programs that meet the requirements of Minnesota Rules, parts
3631		-	113.282960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
3632		-	113.29in paragraph (c), clause (5), items (i) to (iv).
3633		-	113.30 (f) (c) Substance use disorder services that are otherwise covered as direct face-to-face
3634		-	113.31services may be provided via telehealth as defined in section 256B.0625, subdivision 3b.
3635		-	113.32The use of telehealth to deliver services must be medically appropriate to the condition and
3636		-	113Article 4 Sec. 38.
3637		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 114.1needs of the person being served. Reimbursement shall be at the same rates and under the
3638		-	114.2same conditions that would otherwise apply to direct face-to-face services.
3639		-	114.3 (g) (d) For the purpose of reimbursement under this section, substance use disorder
3640		-	114.4treatment services provided in a group setting without a group participant maximum or
3641		-	114.5maximum client to staff ratio under chapter 245G shall not exceed a client to staff ratio of
3642		-	114.648 to one. At least one of the attending staff must meet the qualifications as established
3643		-	114.7under this chapter for the type of treatment service provided. A recovery peer may not be
3644		-	114.8included as part of the staff ratio.
3645		-	114.9 (h) (e) Payment for outpatient substance use disorder services that are licensed according
3646		-	114.10to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
3647		-	114.11prior authorization of a greater number of hours is obtained from the commissioner.
3648		-	114.12 (i) (f) Payment for substance use disorder services under this section must start from the
3649		-	114.13day of service initiation, when the comprehensive assessment is completed within the
3650		-	114.14required timelines.
3651		-	114.15 (j) (g) A license holder that is unable to provide all residential treatment services because
3652		-	114.16a client missed services remains eligible to bill for the client's intensity level of services
3653		-	114.17under this paragraph if the license holder can document the reason the client missed services
3654		-	114.18and the interventions done to address the client's absence.
3655		-	114.19 (k) (h) Hours in a treatment week may be reduced in observance of federally recognized
3656		-	114.20holidays.
3657		-	114.21 (l) (i) Eligible vendors of peer recovery support services must:
3658		-	114.22 (1) submit to a review by the commissioner of up to ten percent of all medical assistance
3659		-	114.23and behavioral health fund claims to determine the medical necessity of peer recovery
3660		-	114.24support services for entities billing for peer recovery support services individually and not
3661		-	114.25receiving a daily rate; and
3662		-	114.26 (2) limit an individual client to 14 hours per week for peer recovery support services
3663		-	114.27from an individual provider of peer recovery support services.
3664		-	114.28 (m) (j) Peer recovery support services not provided in accordance with section 254B.052
3665		-	114.29are subject to monetary recovery under section 256B.064 as money improperly paid.
3666		-	114Article 4 Sec. 38.
3667		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 115.1Sec. 39. Minnesota Statutes 2024, section 254B.05, is amended by adding a subdivision
3668		-	115.2to read:
3669		-	115.3 Subd. 6.Rate adjustments.(a) Effective for services provided on or after January 1,
3670		-	115.42026, the commissioner must implement the following base payment rates for substance
3671		-	115.5use disorder treatment services under subdivision 5, paragraph (a):
3672		-	115.6 (1) for low-intensity residential services, 100 percent of the modeled rate included in
3673		-	115.7the final report required by Laws 2021, First Special Session chapter 7, article 17, section
3674		-	115.818;
3675		-	115.9 (2) for high-intensity residential services, the rates in effect on December 31, 2025; and
3676		-	115.10 (3) for all other services not included in clause (1) or (2), 72 percent of the modeled rate
3677		-	115.11included in the final report required by Laws 2021, First Special Session chapter 7, article
3678		-	115.1217, section 18.
3679		-	115.13 (b) Effective January 1, 2027, and annually thereafter, the commissioner of human
3680		-	115.14services must adjust the payment rates under paragraph (a) according to the change from
3681		-	115.15the midpoint of the previous rate year to the midpoint of the rate year for which the rate is
3682		-	115.16being determined using the Centers for Medicare and Medicaid Services Medicare Economic
3683		-	115.17Index as forecasted in the fourth quarter of the calendar year before the rate year.
3684		-	115.18Sec. 40. Minnesota Statutes 2024, section 254B.052, is amended by adding a subdivision
3685		-	115.19to read:
3686		-	115.20 Subd. 4.Recovery community organization vendor compliance training.(a) Effective
3687		-	115.21January 1, 2027, in order to enroll as an eligible vendor of peer recovery support services,
3688		-	115.22a recovery community organization must require all owners active in day-to-day management
3689		-	115.23and operations of the organization and managerial and supervisory employees to complete
3690		-	115.24compliance training before applying for enrollment and every three years thereafter.
3691		-	115.25Mandatory compliance training format and content must be determined by the commissioner,
3692		-	115.26and must include the following topics:
3693		-	115.27 (1) state and federal program billing, documentation, and service delivery requirements;
3694		-	115.28 (2) eligible vendor enrollment requirements;
3695		-	115.29 (3) provider program integrity, including fraud prevention, fraud detection, and penalties;
3696		-	115.30 (4) fair labor standards;
3697		-	115.31 (5) workplace safety requirements; and
3698		-	115Article 4 Sec. 40.
3699		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 116.1 (6) recent changes in service requirements.
3700		-	116.2 (b) Any new owners active in day-to-day management and operations of the organization
3701		-	116.3and managerial and supervisory employees must complete the training under this subdivision
3702		-	116.4in order to be employed by or conduct management and operations activities for the
3703		-	116.5organization. If the individual moves to another recovery community organization and
3704		-	116.6serves in a similar ownership or employment capacity, the individual is not required to
3705		-	116.7repeat the training required under this subdivision if the individual documents completion
3706		-	116.8of the training within the past three years.
3707		-	116.9 (c) By July 1, 2026, the commissioner must make the training required under this
3708		-	116.10subdivision available in person, online, or by electronic remote connection.
3709		-	116.11 (d) A recovery community organization enrolled as an eligible vendor before January
3710		-	116.121, 2027, must document completion of the compliance training as required under this
3711		-	116.13subdivision by January 1, 2028, and every three years thereafter.
3712		-	116.14Sec. 41. Minnesota Statutes 2024, section 254B.06, subdivision 2, is amended to read:
3713		-	116.15 Subd. 2.Allocation of collections.The commissioner shall allocate 77.05 50 percent
3714		-	116.16of patient payments and third-party payments to the special revenue account and 22.95 50
3715		-	116.17percent to the county financially responsible for the patient.
3716		-	116.18 EFFECTIVE DATE.This section is effective January 1, 2026.
3717		-	116.19Sec. 42. Minnesota Statutes 2024, section 254B.09, subdivision 2, is amended to read:
3718		-	116.20 Subd. 2.American Indian agreements.The commissioner may enter into agreements
3719		-	116.21with federally recognized Tribal units to pay for substance use disorder treatment services
3720		-	116.22provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how
3721		-	116.23the governing body of the Tribal unit fulfills local agency the Tribal unit's responsibilities
3722		-	116.24regarding the form and manner of invoicing.
3723		-	116.25 EFFECTIVE DATE.This section is effective January 1, 2026.
3724		-	116.26Sec. 43. Minnesota Statutes 2024, section 254B.19, subdivision 1, is amended to read:
3725		-	116.27 Subdivision 1.Level of care requirements.(a) For each client assigned an ASAM level
3726		-	116.28of care, eligible vendors must implement the standards set by the ASAM for the respective
3727		-	116.29level of care. Additionally, vendors must meet the following requirements:
3728		-	116.30 (1) For ASAM level 0.5 early intervention targeting individuals who are at risk of
3729		-	116.31developing a substance-related problem but may not have a diagnosed substance use disorder,
3730		-	116Article 4 Sec. 43.
3731		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 117.1early intervention services may include individual or group counseling, treatment
3732		-	117.2coordination, peer recovery support, screening brief intervention, and referral to treatment
3733		-	117.3provided according to section 254A.03, subdivision 3, paragraph (c).
3734		-	117.4 (2) For ASAM level 1.0 outpatient clients, adults must receive up to eight hours per
3735		-	117.5week of skilled psychosocial treatment services and adolescents must receive up to five
3736		-	117.6hours per week. Services must be licensed according to section 245G.20 and meet
3737		-	117.7requirements under section 256B.0759. Peer recovery Ancillary services and treatment
3738		-	117.8coordination may be provided beyond the hourly skilled psychosocial treatment service
3739		-	117.9hours allowable per week.
3740		-	117.10 (3) For ASAM level 2.1 intensive outpatient clients, adults must receive nine to 19 hours
3741		-	117.11per week of skilled psychosocial treatment services and adolescents must receive six or
3742		-	117.12more hours per week. Vendors must be licensed according to section 245G.20 and must
3743		-	117.13meet requirements under section 256B.0759. Peer recovery Ancillary services and treatment
3744		-	117.14coordination may be provided beyond the hourly skilled psychosocial treatment service
3745		-	117.15hours allowable per week. If clinically indicated on the client's treatment plan, this service
3746		-	117.16may be provided in conjunction with room and board according to section 254B.05,
3747		-	117.17subdivision 1a.
3748		-	117.18 (4) For ASAM level 2.5 partial hospitalization clients, adults must receive 20 hours or
3749		-	117.19more of skilled psychosocial treatment services. Services must be licensed according to
3750		-	117.20section 245G.20 and must meet requirements under section 256B.0759. Level 2.5 is for
3751		-	117.21clients who need daily monitoring in a structured setting, as directed by the individual
3752		-	117.22treatment plan and in accordance with the limitations in section 254B.05, subdivision 5,
3753		-	117.23paragraph (h). If clinically indicated on the client's treatment plan, this service may be
3754		-	117.24provided in conjunction with room and board according to section 254B.05, subdivision
3755		-	117.251a.
3756		-	117.26 (5) For ASAM level 3.1 clinically managed low-intensity residential clients, programs
3757		-	117.27must provide at least 5 hours of skilled psychosocial treatment services per week according
3758		-	117.28to each client's specific treatment schedule, as directed by the individual treatment plan.
3759		-	117.29Programs must be licensed according to section 245G.20 and must meet requirements under
3760		-	117.30section 256B.0759.
3761		-	117.31 (6) For ASAM level 3.3 clinically managed population-specific high-intensity residential
3762		-	117.32clients, programs must be licensed according to section 245G.20 and must meet requirements
3763		-	117.33under section 256B.0759. Programs must have 24-hour staffing coverage. Programs must
3764		-	117.34be enrolled as a disability responsive program as described in section 254B.01, subdivision
3765		-	117Article 4 Sec. 43.
3766		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 118.14b, and must specialize in serving persons with a traumatic brain injury or a cognitive
3767		-	118.2impairment so significant, and the resulting level of impairment so great, that outpatient or
3768		-	118.3other levels of residential care would not be feasible or effective. Programs must provide,
3769		-	118.4at a minimum, daily skilled psychosocial treatment services seven days a week according
3770		-	118.5to each client's specific treatment schedule, as directed by the individual treatment plan.
3771		-	118.6 (7) For ASAM level 3.5 clinically managed high-intensity residential clients, services
3772		-	118.7must be licensed according to section 245G.20 and must meet requirements under section
3773		-	118.8256B.0759. Programs must have 24-hour staffing coverage and provide, at a minimum,
3774		-	118.9daily skilled psychosocial treatment services seven days a week according to each client's
3775		-	118.10specific treatment schedule, as directed by the individual treatment plan.
3776		-	118.11 (8) For ASAM level withdrawal management 3.2 clinically managed clients, withdrawal
3777		-	118.12management must be provided according to chapter 245F.
3778		-	118.13 (9) For ASAM level withdrawal management 3.7 medically monitored clients, withdrawal
3779		-	118.14management must be provided according to chapter 245F.
3780		-	118.15 (b) Notwithstanding the minimum daily skilled psychosocial treatment service
3781		-	118.16requirements under paragraph (a), clauses (6) and (7), ASAM level 3.3 and 3.5 vendors
3782		-	118.17must provide each client at least 30 hours of treatment services per week for the period
3783		-	118.18between January 1, 2024, through June 30, 2024.
3784		-	118.19 EFFECTIVE DATE.This section is effective January 1, 2027.
3785		-	118.20Sec. 44. [254B.21] DEFINITIONS.
3786		-	118.21 Subdivision 1.Scope.For the purposes of sections 254B.21 to 254B.216, the following
3787		-	118.22terms have the meanings given.
3788		-	118.23 Subd. 2.Applicant."Applicant" means any individual, organization, or entity who has
3789		-	118.24applied for certification of a recovery residence.
3790		-	118.25 Subd. 3.Certified recovery residence."Certified recovery residence" means a recovery
3791		-	118.26residence that has completed the application process and been approved for certification by
3792		-	118.27the commissioner.
3793		-	118.28 Subd. 4.Co-occurring disorders."Co-occurring disorders" means a diagnosis of both
3794		-	118.29a substance use disorder and a mental health disorder.
3795		-	118.30 Subd. 5.National Alliance for Recovery Residences or NARR."National Alliance
3796		-	118.31for Recovery Residences" or "NARR" is a nonprofit organization with a nationally recognized
3797		-	118Article 4 Sec. 44.
3798		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 119.1standard for the certification of recovery residences that works with and supports
3799		-	119.2state-affiliated organizations.
3800		-	119.3 Subd. 6.Operator."Operator" means the lawful owner or lessee of a recovery residence
3801		-	119.4or a person employed and designated by the owner or lessee of the recovery residence to
3802		-	119.5have primary responsibility for oversight of the recovery residence, including but not limited
3803		-	119.6to hiring and termination of recovery residence staff, recovery residence maintenance, and
3804		-	119.7responding to complaints being investigated by the commissioner.
3805		-	119.8 Subd. 7.Recovery residence."Recovery residence" means a type of community residence
3806		-	119.9that provides a safe, healthy, family-like, substance-free living environment that supports
3807		-	119.10individuals in recovery from substance use disorder.
3808		-	119.11 Subd. 8.Recovery residence registry."Recovery residence registry" means the list of
3809		-	119.12recovery-certified residences maintained by the commissioner.
3810		-	119.13 Subd. 9.Resident."Resident" means an individual who resides in a recovery residence.
3811		-	119.14 Subd. 10.Staff."Staff" means employees, contractors, or volunteers who provide
3812		-	119.15monitoring, assistance, or other services for the use and benefit of a recovery residence and
3813		-	119.16the residence's residents.
3814		-	119.17 Subd. 11.Substance free."Substance free" means being free from the use of alcohol,
3815		-	119.18illicit drugs, and the illicit use of prescribed drugs. This term does not prohibit medications
3816		-	119.19prescribed, dispensed, or administered by a licensed health care professional, such as
3817		-	119.20pharmacotherapies specifically approved by the United States Food and Drug Administration
3818		-	119.21(FDA) for treatment of a substance use disorder as well as other medications approved by
3819		-	119.22the FDA for the treatment of co-occurring disorders when taken as directed.
3820		-	119.23 Subd. 12.Substance use disorder."Substance use disorder" means a pattern of use of
3821		-	119.24alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria
3822		-	119.25in the latest edition of the Diagnostic and Statistical Manual of Disorders of the American
3823		-	119.26Psychiatric Association.
3824		-	119.27 EFFECTIVE DATE.This section is effective January 1, 2027.
3825		-	119.28Sec. 45. [254B.211] RESIDENCE REQUIREMENTS AND RESIDENT RIGHTS.
3826		-	119.29 Subdivision 1.Applicability.This section is applicable to all recovery residences
3827		-	119.30regardless of certification status.
3828		-	119.31 Subd. 2.Residence requirements.All recovery residences must:
3829		-	119Article 4 Sec. 45.
3830		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 120.1 (1) comply with applicable state laws and regulations and local ordinances related to
3831		-	120.2maximum occupancy, fire safety, and sanitation;
3832		-	120.3 (2) have safety policies and procedures that, at a minimum, address:
3833		-	120.4 (i) safety inspections requiring periodic verification of smoke detectors, carbon monoxide
3834		-	120.5detectors, fire extinguishers, and emergency evacuation drills;
3835		-	120.6 (ii) exposure to bodily fluids and contagious disease; and
3836		-	120.7 (iii) emergency procedures posted in conspicuous locations in the residence;
3837		-	120.8 (3) maintain a supply of an opiate antagonist in the home, post information on proper
3838		-	120.9use, and train staff in opiate antagonist use;
3839		-	120.10 (4) have written policies regarding access to all prescribed medications and storage of
3840		-	120.11medications when requested by the resident;
3841		-	120.12 (5) have written policies regarding residency termination, including how length of stay
3842		-	120.13is determined and procedures in case of evictions;
3843		-	120.14 (6) return all property and medications to a person discharged from the home and retain
3844		-	120.15the items for a minimum of 60 days if the person did not collect the items upon discharge.
3845		-	120.16The owner must make an effort to contact persons listed as emergency contacts for the
3846		-	120.17discharged person so that the items are returned;
3847		-	120.18 (7) ensure separation of money of persons served by the program from money of the
3848		-	120.19program or program staff. The program and staff must not:
3849		-	120.20 (i) borrow money from a person served by the program;
3850		-	120.21 (ii) purchase personal items from a person served by the program;
3851		-	120.22 (iii) sell merchandise or personal services to a person served by the program;
3852		-	120.23 (iv) require a person served by the program to purchase items for which the program is
3853		-	120.24eligible for reimbursement; or
3854		-	120.25 (v) use money of persons served by the program to purchase items for which the program
3855		-	120.26is already receiving public or private payments;
3856		-	120.27 (8) document the names and contact information for persons to contact in case of an
3857		-	120.28emergency, upon discharge, or other circumstances designated by the resident, including
3858		-	120.29but not limited to death due to an overdose;
3859		-	120Article 4 Sec. 45.
3860		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 121.1 (9) maintain contact information for emergency resources in the community, including
3861		-	121.2but not limited to local mental health crisis services and the 988 Lifeline, to address mental
3862		-	121.3health and health emergencies;
3863		-	121.4 (10) have policies on staff qualifications and a prohibition against relationships between
3864		-	121.5operators and residents;
3865		-	121.6 (11) permit residents to use, as directed by a licensed prescriber, legally prescribed and
3866		-	121.7dispensed or administered pharmacotherapies approved by the FDA for the treatment of
3867		-	121.8opioid use disorder, co-occurring substance use disorders, and mental health conditions;
3868		-	121.9 (12) have a fee schedule and refund policy;
3869		-	121.10 (13) have rules for residents, including on prohibited items;
3870		-	121.11 (14) have policies that promote resident participation in treatment, self-help groups, or
3871		-	121.12other recovery supports;
3872		-	121.13 (15) have policies requiring abstinence from alcohol and illicit drugs on the property.
3873		-	121.14If the program utilizes drug screening or toxicology, the procedures must be included in the
3874		-	121.15program's policies;
3875		-	121.16 (16) distribute the recovery resident bill of rights in subdivision 3, resident rules,
3876		-	121.17certification, and grievance process and post the documents in this clause in common areas;
3877		-	121.18 (17) have policies and procedures on person and room searches;
3878		-	121.19 (18) have code of ethics policies and procedures they are aligned with the NARR code
3879		-	121.20of ethics and document that the policies and procedures are read and signed by all those
3880		-	121.21associated with the operation of the recovery residence, including owners, operators, staff,
3881		-	121.22and volunteers;
3882		-	121.23 (19) have a description of how residents are involved with the governance of the
3883		-	121.24residence, including decision-making procedures, how residents are involved in setting and
3884		-	121.25implementing rules, and the role of peer leaders, if any; and
3885		-	121.26 (20) have procedures to maintain a respectful environment, including appropriate action
3886		-	121.27to stop intimidation, bullying, sexual harassment, or threatening behavior of residents, staff,
3887		-	121.28and visitors within the residence. Programs should consider trauma-informed and
3888		-	121.29resilience-promoting practices when determining action.
3889		-	121.30 Subd. 3.Resident bill of rights.An individual living in a recovery residence has the
3890		-	121.31right to:
3891		-	121.32 (1) have access to an environment that supports recovery;
3892		-	121Article 4 Sec. 45.
3893		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 122.1 (2) have access to an environment that is safe and free from alcohol and other illicit
3894		-	122.2drugs or substances;
3895		-	122.3 (3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms
3896		-	122.4of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
3897		-	122.5 (4) be treated with dignity and respect and to have personal property treated with respect;
3898		-	122.6 (5) have personal, financial, and medical information kept private and to be advised of
3899		-	122.7the recovery residence's policies and procedures regarding disclosure of the information;
3900		-	122.8 (6) access while living in the residence to other community-based support services as
3901		-	122.9needed;
3902		-	122.10 (7) be referred to appropriate services upon leaving the residence if necessary;
3903		-	122.11 (8) retain personal property that does not jeopardize the safety or health of the resident
3904		-	122.12or others;
3905		-	122.13 (9) assert the rights in this subdivision personally or have the rights asserted by the
3906		-	122.14individual's representative or by anyone on behalf of the individual without retaliation;
3907		-	122.15 (10) be provided with the name, address, and telephone number of the ombudsman for
3908		-	122.16mental health and developmental disabilities and the certifying designated state affiliate
3909		-	122.17and be provided with information about the right to file a complaint;
3910		-	122.18 (11) be fully informed of the rights and responsibilities in this section and program
3911		-	122.19policies and procedures; and
3912		-	122.20 (12) not be required to perform services for the residence that are not included in the
3913		-	122.21usual expectations for all residents.
3914		-	122.22 EFFECTIVE DATE.This section is effective January 1, 2027.
3915		-	122.23Sec. 46. [254B.212] COMPLAINTS AGAINST RECOVERY RESIDENCES.
3916		-	122.24 Subdivision 1.In general.Any complaints about a recovery residence may be made to
3917		-	122.25and reviewed or investigated by the commissioner.
3918		-	122.26 Subd. 2.Types of complaints.The commissioner must receive and review complaints
3919		-	122.27that concern:
3920		-	122.28 (1) the health and safety of residents;
3921		-	122Article 4 Sec. 46.
3922		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 123.1 (2) management of the recovery residence, including but not limited to house
3923		-	123.2environment, financial procedures, staffing, house rules and regulations, improper handling
3924		-	123.3of resident terminations, and recovery support environment; or
3925		-	123.4 (3) illegal activities or threats.
3926		-	123.5 Subd. 3.Investigation.(a) Complaints regarding illegal activities or threats must be
3927		-	123.6immediately referred to law enforcement in the jurisdiction where the recovery residence
3928		-	123.7is located. The commissioner must continue to investigate complaints under subdivision 2,
3929		-	123.8clause (3), that have been referred to law enforcement unless law enforcement requests the
3930		-	123.9commissioner to stay the investigation.
3931		-	123.10 (b) The commissioner must investigate all other types of complaints under this section
3932		-	123.11and may take any action necessary to conduct an investigation, including but not limited to
3933		-	123.12interviewing the recovery residence operator, staff, and residents and inspecting the premises.
3934		-	123.13 Subd. 4.Anonymity.When making a complaint pursuant to this section, an individual
3935		-	123.14must disclose the individual's identity to the commissioner. Unless ordered by a court or
3936		-	123.15authorized by the complainant, the commissioner must not disclose the complainant's
3937		-	123.16identity.
3938		-	123.17 Subd. 5.Prohibition against retaliation.A recovery residence owner, operator, director,
3939		-	123.18staff member, or resident must not be subject to retaliation, including but not limited to
3940		-	123.19interference, threats, coercion, harassment, or discrimination for making any complaint
3941		-	123.20against a recovery residence or against a recovery residence owner, operator, or chief
3942		-	123.21financial officer.
3943		-	123.22 EFFECTIVE DATE.This section is effective January 1, 2027.
3944		-	123.23Sec. 47. [254B.213] CERTIFICATION.
3945		-	123.24 Subdivision 1.Voluntary certification.The commissioner must establish and provide
3946		-	123.25for the administration of a voluntary certification program based on the National Alliance
3947		-	123.26for Recovery Residences standards for recovery residences seeking certification under this
3948		-	123.27section.
3949		-	123.28 Subd. 2.Application requirements.An applicant for certification must, at a minimum,
3950		-	123.29submit the following documents on forms approved by the commissioner:
3951		-	123.30 (1) if the premises for the recovery residence is leased, documentation from the owner
3952		-	123.31that the applicant has permission from the owner to operate a recovery residence on the
3953		-	123.32premises;
3954		-	123Article 4 Sec. 47.
3955		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 124.1 (2) all policies and procedures required under this chapter;
3956		-	124.2 (3) copies of all forms provided to residents, including but not limited to the recovery
3957		-	124.3residence's medication, drug-testing, return-to-use, refund, and eviction or transfer policies;
3958		-	124.4 (4) proof of insurance coverage necessary and, at a minimum:
3959		-	124.5 (i) employee dishonesty insurance in the amount of $10,000 if the vendor has or had
3960		-	124.6custody or control of money or property belonging to clients; and
3961		-	124.7 (ii) bodily injury and property damage insurance in the amount of $2,000,000 for each
3962		-	124.8occurrence; and
3963		-	124.9 (5) proof of completed background checks for the operator and residence staff.
3964		-	124.10 Subd. 3.Inspection pursuant to application.Upon receiving a completed application,
3965		-	124.11the commissioner must conduct an initial on-site inspection of the recovery residence to
3966		-	124.12ensure the residence is in compliance with the requirements of sections 254B.21 to 254B.216.
3967		-	124.13 Subd. 4.Certification.The commissioner must certify a recovery residence upon
3968		-	124.14approval of the application and after the initial on-site inspection. The certification
3969		-	124.15automatically terminates three years after issuance of the certification if the commissioner
3970		-	124.16does not renew the certification. Upon certification, the commissioner must issue the recovery
3971		-	124.17residence a proof of certification.
3972		-	124.18 Subd. 5.Display of proof of certification.A recovery residence must publicly display
3973		-	124.19a proof of certification in the recovery residence.
3974		-	124.20 Subd. 6.Nontransferrability.Certifications issued pursuant to this section cannot be
3975		-	124.21transferred to an address other than the address in the application or to another certification
3976		-	124.22holder without prior approval from the commissioner.
3977		-	124.23 EFFECTIVE DATE.This section is effective January 1, 2027.
3978		-	124.24Sec. 48. [254B.214] MONITORING AND OVERSIGHT OF CERTIFIED
3979		-	124.25RECOVERY RESIDENCES.
3980		-	124.26 Subdivision 1.Monitoring and inspections.(a) The commissioner must conduct an
3981		-	124.27on-site certification review of the certified recovery residence every three years to determine
3982		-	124.28the certification holder's compliance with applicable rules and statutes.
3983		-	124.29 (b) The commissioner must offer the certification holder a choice of dates for an
3984		-	124.30announced certification review. A certification review must occur during regular business
3985		-	124.31hours.
3986		-	124Article 4 Sec. 48.
3987		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 125.1 (c) The commissioner must make the results of certification reviews and the results of
3988		-	125.2investigations that result in a correction order publicly available on the department's website.
3989		-	125.3 Subd. 2.Commissioner's right of access.(a) When the commissioner is exercising the
3990		-	125.4powers conferred to the commissioner under this section, if the recovery residence is in
3991		-	125.5operation and the information is relevant to the commissioner's inspection or investigation,
3992		-	125.6the certification holder must provide the commissioner access to:
3993		-	125.7 (1) the physical facility and grounds where the residence is located;
3994		-	125.8 (2) documentation and records, including electronically maintained records;
3995		-	125.9 (3) residents served by the recovery residence;
3996		-	125.10 (4) staff persons of the recovery residence; and
3997		-	125.11 (5) personnel records of current and former staff of the recovery residence.
3998		-	125.12 (b) The applicant or certification holder must provide the commissioner with access to
3999		-	125.13the facility and grounds, documentation and records, residents, and staff without prior notice
4000		-	125.14and as often as the commissioner considers necessary if the commissioner is conducting an
4001		-	125.15inspection or investigating alleged maltreatment or a violation of a law or rule. When
4002		-	125.16conducting an inspection, the commissioner may request assistance from other state, county,
4003		-	125.17and municipal governmental agencies and departments. The applicant or certification holder
4004		-	125.18must allow the commissioner, at the commissioner's expense, to photocopy, photograph,
4005		-	125.19and make audio and video recordings during an inspection.
4006		-	125.20 Subd. 3.Correction orders.(a) If the applicant or certification holder fails to comply
4007		-	125.21with a law or rule, the commissioner may issue a correction order. The correction order
4008		-	125.22must state:
4009		-	125.23 (1) the condition that constitutes a violation of the law or rule;
4010		-	125.24 (2) the specific law or rule that the applicant or certification holder has violated; and
4011		-	125.25 (3) the time that the applicant or certification holder is allowed to correct each violation.
4012		-	125.26 (b) If the applicant or certification holder believes that the commissioner's correction
4013		-	125.27order is erroneous, the applicant or certification holder may ask the commissioner to
4014		-	125.28reconsider the correction order. An applicant or certification holder must make a request
4015		-	125.29for reconsideration in writing. The request must be sent via electronic communication to
4016		-	125.30the commissioner within 20 calendar days after the applicant or certification holder received
4017		-	125.31the correction order and must:
4018		-	125.32 (1) specify the part of the correction order that is allegedly erroneous;
4019		-	125Article 4 Sec. 48.
4020		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 126.1 (2) explain why the specified part is erroneous; and
4021		-	126.2 (3) include documentation to support the allegation of error.
4022		-	126.3 (c) A request for reconsideration does not stay any provision or requirement of the
4023		-	126.4correction order. The commissioner's disposition of a request for reconsideration is final
4024		-	126.5and not subject to appeal.
4025		-	126.6 (d) If the commissioner finds that the applicant or certification holder failed to correct
4026		-	126.7the violation specified in the correction order, the commissioner may decertify the certified
4027		-	126.8recovery residence according to subdivision 4.
4028		-	126.9 (e) Nothing in this subdivision prohibits the commissioner from decertifying a recovery
4029		-	126.10residence according to subdivision 4.
4030		-	126.11 Subd. 4.Decertification.(a) The commissioner may decertify a recovery residence if
4031		-	126.12a certification holder:
4032		-	126.13 (1) failed to comply with an applicable law or rule; or
4033		-	126.14 (2) knowingly withheld relevant information from or gave false or misleading information
4034		-	126.15to the commissioner in connection with an application for certification, during an
4035		-	126.16investigation, or regarding compliance with applicable laws or rules.
4036		-	126.17 (b) When considering decertification of a recovery residence, the commissioner must
4037		-	126.18consider the nature, chronicity, or severity of the violation of law or rule and the effect of
4038		-	126.19the violation on the health, safety, or rights of residents.
4039		-	126.20 (c) If the commissioner decertifies a recovery residence, the order of decertification
4040		-	126.21must inform the certification holder of the right to have a contested case hearing under
4041		-	126.22chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The certification holder
4042		-	126.23may appeal the decertification. The certification holder must appeal a decertification in
4043		-	126.24writing and send or deliver the appeal to the commissioner by certified mail or personal
4044		-	126.25service. If the certification holder mails the appeal, the appeal must be postmarked and sent
4045		-	126.26to the commissioner within ten calendar days after the certification holder receives the order
4046		-	126.27of decertification. If the certification holder delivers an appeal by personal service, the
4047		-	126.28commissioner must receive the appeal within ten calendar days after the certification holder
4048		-	126.29received the order. If the certification holder submits a timely appeal of an order of
4049		-	126.30decertification, the certification holder may continue to operate the program until the
4050		-	126.31commissioner issues a final order on the decertification.
4051		-	126.32 (d) If the commissioner decertifies a recovery residence pursuant to paragraph (a), clause
4052		-	126.33(1), based on a determination that the recovery residence was responsible for maltreatment
4053		-	126Article 4 Sec. 48.
4054		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 127.1under chapter 260E or section 626.557, the final decertification determination is stayed until
4055		-	127.2the commissioner issues a final decision regarding the maltreatment appeal if the certification
4056		-	127.3holder appeals the decertification according to paragraph (c) and appeals the maltreatment
4057		-	127.4determination pursuant to chapter 260E or section 626.557.
4058		-	127.5 Subd. 5.Notifications required and noncompliance.(a) Changes in recovery residence
4059		-	127.6organization, staffing, services, or quality assurance procedures that affect the ability of the
4060		-	127.7certification holder to comply with the minimum standards of this chapter must be reported
4061		-	127.8in writing by the certification holder to the commissioner within 15 days of the occurrence.
4062		-	127.9The commissioner must review the change. If the change would result in noncompliance
4063		-	127.10in minimum standards, the commissioner must give the recovery residence written notice
4064		-	127.11and up to 180 days to correct the areas of noncompliance before being decertified. The
4065		-	127.12recovery residence must develop interim procedures to resolve the noncompliance on a
4066		-	127.13temporary basis and submit the interim procedures in writing to the commissioner for
4067		-	127.14approval within 30 days of the commissioner's determination of the noncompliance. The
4068		-	127.15commissioner must immediately decertify a recovery residence that fails to report a change
4069		-	127.16that results in noncompliance within 15 days, fails to develop an approved interim procedure
4070		-	127.17within 30 days of the determination of the noncompliance, or does not resolve the
4071		-	127.18noncompliance within 180 days.
4072		-	127.19 (b) The commissioner may require the recovery residence to submit written information
4073		-	127.20to document that the recovery residence has maintained compliance with this section.
4074		-	127.21 EFFECTIVE DATE.This section is effective January 1, 2027.
4075		-	127.22Sec. 49. [254B.215] CERTIFICATION LEVELS.
4076		-	127.23 Subdivision 1.Certification levels.When certifying a recovery residence, the
4077		-	127.24commissioner must specify whether the residence is a level-one or level-two certified
4078		-	127.25recovery residence.
4079		-	127.26 Subd. 2.Level-one certification.The commissioner must designate a certified residence
4080		-	127.27as a level-one certified recovery residence when the residence is peer run. A level-one
4081		-	127.28certified recovery residence must:
4082		-	127.29 (1) not permit an allowance for on-site paid staff or operator of the recovery residence;
4083		-	127.30 (2) permit only nonpaid staff to live or work within the residence; and
4084		-	127.31 (3) ensure that decisions are made solely by residents.
4085		-	127Article 4 Sec. 49.
4086		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 128.1 Subd. 3.Level-two certification.(a) The commissioner must designate a certified
4087		-	128.2residence as a level-two certified recovery residence when the residence is managed by
4088		-	128.3someone other than the residents. A level-two certified recovery residence must have staff
4089		-	128.4to model and teach recovery skills and behaviors.
4090		-	128.5 (b) A level-two certified recovery residence must:
4091		-	128.6 (1) have written job descriptions for each staff member position, including position
4092		-	128.7responsibilities and qualifications;
4093		-	128.8 (2) have written policies and procedures for ongoing performance development of staff;
4094		-	128.9 (3) provide annual training on emergency procedures, resident bill of rights, grievance
4095		-	128.10policies and procedures, and code of ethics;
4096		-	128.11 (4) provide community or house meetings, peer supports, and involvement in self-help
4097		-	128.12or off-site treatment services;
4098		-	128.13 (5) have identified recovery goals;
4099		-	128.14 (6) maintain documentation that residents are linked with community resources such as
4100		-	128.15job search, education, family services, and health and housing programs; and
4101		-	128.16 (7) maintain documentation of referrals made for additional services.
4102		-	128.17 (c) Staff of a level-two certified recovery residence must not provide billable peer support
4103		-	128.18services to residents of the recovery residence.
4104		-	128.19 EFFECTIVE DATE.This section is effective January 1, 2027.
4105		-	128.20Sec. 50. [254B.216] RESIDENT RECORD.
4106		-	128.21 A certified recovery residence must maintain documentation with a resident's signature
4107		-	128.22stating that each resident received the following prior to or on the first day of residency:
4108		-	128.23 (1) the recovery resident bill of rights in section 254B.211, subdivision 3;
4109		-	128.24 (2) the residence's financial obligations and agreements, refund policy, and payments
4110		-	128.25from third-party payers for any fees paid on the resident's behalf;
4111		-	128.26 (3) the residence's services provided;
4112		-	128.27 (4) relapse policies;
4113		-	128.28 (5) policies regarding personal property;
4114		-	128.29 (6) orientation to emergency procedures;
4115		-	128Article 4 Sec. 50.
4116		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 129.1 (7) orientation to resident rules; and
4117		-	129.2 (8) all other applicable orientation materials identified in sections 254B.21 to 254B.216.
4118		-	129.3 EFFECTIVE DATE.This section is effective January 1, 2027.
4119		-	129.4Sec. 51. Minnesota Statutes 2024, section 256.043, subdivision 3, is amended to read:
4120		-	129.5 Subd. 3.Appropriations from registration and license fee account.(a) The
4121		-	129.6appropriations in paragraphs (b) to (n) shall be made from the registration and license fee
4122		-	129.7account on a fiscal year basis in the order specified.
4123		-	129.8 (b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs
4124		-	129.9(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
4125		-	129.10made accordingly.
4126		-	129.11 (c) $100,000 is appropriated to the commissioner of human services for grants for opiate
4127		-	129.12antagonist distribution. Grantees may utilize funds for opioid overdose prevention,
4128		-	129.13community asset mapping, education, and opiate antagonist distribution.
4129		-	129.14 (d) $2,000,000 is appropriated to the commissioner of human services for grants direct
4130		-	129.15payments to Tribal nations and five urban Indian communities for traditional healing practices
4131		-	129.16for American Indians and to increase the capacity of culturally specific providers in the
4132		-	129.17behavioral health workforce. Any evaluations of practices under this paragraph must be
4133		-	129.18designed cooperatively by the commissioner and Tribal nations or urban Indian communities.
4134		-	129.19The commissioner must not require recipients to provide the details of specific ceremonies
4135		-	129.20or identities of healers.
4136		-	129.21 (e) $400,000 is appropriated to the commissioner of human services for competitive
4137		-	129.22grants for opioid-focused Project ECHO programs.
4138		-	129.23 (f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the
4139		-	129.24commissioner of human services to administer the funding distribution and reporting
4140		-	129.25requirements in paragraph (o).
4141		-	129.26 (g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated
4142		-	129.27to the commissioner of human services for safe recovery sites start-up and capacity building
4143		-	129.28grants under section 254B.18.
4144		-	129.29 (h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to
4145		-	129.30the commissioner of human services for the opioid overdose surge alert system under section
4146		-	129.31245.891.
4147		-	129Article 4 Sec. 51.
4148		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 130.1 (i) $300,000 is appropriated to the commissioner of management and budget for
4149		-	130.2evaluation activities under section 256.042, subdivision 1, paragraph (c).
4150		-	130.3 (j) $261,000 is appropriated to the commissioner of human services for the provision of
4151		-	130.4administrative services to the Opiate Epidemic Response Advisory Council and for the
4152		-	130.5administration of the grants awarded under paragraph (n).
4153		-	130.6 (k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
4154		-	130.7fees under section 151.066.
4155		-	130.8 (l) $672,000 is appropriated to the commissioner of public safety for the Bureau of
4156		-	130.9Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
4157		-	130.10and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
4158		-	130.11 (m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining
4159		-	130.12amount is appropriated to the commissioner of children, youth, and families for distribution
4160		-	130.13to county social service agencies and Tribal social service agency initiative projects
4161		-	130.14authorized under section 256.01, subdivision 14b, to provide prevention and child protection
4162		-	130.15services to children and families who are affected by addiction. The commissioner shall
4163		-	130.16distribute this money proportionally to county social service agencies and Tribal social
4164		-	130.17service agency initiative projects through a formula based on intake data from the previous
4165		-	130.18three calendar years related to substance use and out-of-home placement episodes where
4166		-	130.19parental drug abuse is a reason for the out-of-home placement. County social service agencies
4167		-	130.20and Tribal social service agency initiative projects receiving funds from the opiate epidemic
4168		-	130.21response fund must annually report to the commissioner on how the funds were used to
4169		-	130.22provide prevention and child protection services, including measurable outcomes, as
4170		-	130.23determined by the commissioner. County social service agencies and Tribal social service
4171		-	130.24agency initiative projects must not use funds received under this paragraph to supplant
4172		-	130.25current state or local funding received for child protection services for children and families
4173		-	130.26who are affected by addiction.
4174		-	130.27 (n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in
4175		-	130.28the account is appropriated to the commissioner of human services to award grants as
4176		-	130.29specified by the Opiate Epidemic Response Advisory Council in accordance with section
4177		-	130.30256.042, unless otherwise appropriated by the legislature.
4178		-	130.31 (o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service
4179		-	130.32agencies and Tribal social service agency initiative projects under paragraph (m) and grant
4180		-	130.33funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)
4181		-	130.34may be distributed on a calendar year basis.
4182		-	130Article 4 Sec. 51.
4183		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 131.1 (p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
4184		-	131.2(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.
4185		-	131.3Sec. 52. Minnesota Statutes 2024, section 256B.0625, subdivision 5m, is amended to read:
4186		-	131.4 Subd. 5m.Certified community behavioral health clinic services.(a) Medical
4187		-	131.5assistance covers services provided by a not-for-profit certified community behavioral health
4188		-	131.6clinic (CCBHC) that meets the requirements of section 245.735, subdivision 3.
4189		-	131.7 (b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an
4190		-	131.8eligible service is delivered using the CCBHC daily bundled rate system for medical
4191		-	131.9assistance payments as described in paragraph (c). The commissioner shall include a quality
4192		-	131.10incentive payment in the CCBHC daily bundled rate system as described in paragraph (e).
4193		-	131.11There is no county share for medical assistance services when reimbursed through the
4194		-	131.12CCBHC daily bundled rate system.
4195		-	131.13 (c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC
4196		-	131.14payments under medical assistance meets the following requirements:
4197		-	131.15 (1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each
4198		-	131.16CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable
4199		-	131.17CCBHC costs divided by the total annual number of CCBHC visits. For calculating the
4200		-	131.18payment rate, total annual visits include visits covered by medical assistance and visits not
4201		-	131.19covered by medical assistance. Allowable costs include but are not limited to the salaries
4202		-	131.20and benefits of medical assistance providers; the cost of CCBHC services provided under
4203		-	131.21section 245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs such as
4204		-	131.22insurance or supplies needed to provide CCBHC services;
4205		-	131.23 (2) payment shall be limited to one payment per day per medical assistance enrollee
4206		-	131.24when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement
4207		-	131.25if at least one of the CCBHC services listed under section 245.735, subdivision 3, paragraph
4208		-	131.26(a), clause (6), is furnished to a medical assistance enrollee by a health care practitioner or
4209		-	131.27licensed agency employed by or under contract with a CCBHC;
4210		-	131.28 (3) initial CCBHC daily bundled rates for newly certified CCBHCs under section 245.735,
4211		-	131.29subdivision 3, shall be established by the commissioner using a provider-specific rate based
4212		-	131.30on the newly certified CCBHC's audited historical cost report data adjusted for the expected
4213		-	131.31cost of delivering CCBHC services. Estimates are subject to review by the commissioner
4214		-	131.32and must include the expected cost of providing the full scope of CCBHC services and the
4215		-	131.33expected number of visits for the rate period;
4216		-	131Article 4 Sec. 52.
4217		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 132.1 (4) the commissioner shall rebase CCBHC rates once every two years following the last
4218		-	132.2rebasing and no less than 12 months following an initial rate or a rate change due to a change
4219		-	132.3in the scope of services. For CCBHCs certified after September 31, 2020, and before January
4220		-	132.41, 2021, the commissioner shall rebase rates according to this clause for services provided
4221		-	132.5on or after January 1, 2024;
4222		-	132.6 (5) the commissioner shall provide for a 60-day appeals process after notice of the results
4223		-	132.7of the rebasing;
4224		-	132.8 (6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal
4225		-	132.9Medicaid rate is not eligible for the CCBHC rate methodology;
4226		-	132.10 (7) payments for CCBHC services to individuals enrolled in managed care shall be
4227		-	132.11coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall
4228		-	132.12complete the phase-out of CCBHC wrap payments within 60 days of the implementation
4229		-	132.13of the CCBHC daily bundled rate system in the Medicaid Management Information System
4230		-	132.14(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments
4231		-	132.15due made payable to CCBHCs no later than 18 months thereafter;
4232		-	132.16 (8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each
4233		-	132.17provider-specific rate by the Medicare Economic Index for primary care services. This
4234		-	132.18update shall occur each year in between rebasing periods determined by the commissioner
4235		-	132.19in accordance with clause (4). CCBHCs must provide data on costs and visits to the state
4236		-	132.20annually using the CCBHC cost report established by the commissioner; and
4237		-	132.21 (9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of
4238		-	132.22services when such changes are expected to result in an adjustment to the CCBHC payment
4239		-	132.23rate by 2.5 percent or more. The CCBHC must provide the commissioner with information
4240		-	132.24regarding the changes in the scope of services, including the estimated cost of providing
4241		-	132.25the new or modified services and any projected increase or decrease in the number of visits
4242		-	132.26resulting from the change. Estimated costs are subject to review by the commissioner. Rate
4243		-	132.27adjustments for changes in scope shall occur no more than once per year in between rebasing
4244		-	132.28periods per CCBHC and are effective on the date of the annual CCBHC rate update.
4245		-	132.29 (d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
4246		-	132.30providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of
4247		-	132.31this requirement on the rate of access to the services delivered by CCBHC providers. If, for
4248		-	132.32any contract year, federal approval is not received for this paragraph, the commissioner
4249		-	132.33must adjust the capitation rates paid to managed care plans and county-based purchasing
4250		-	132.34plans for that contract year to reflect the removal of this provision. Contracts between
4251		-	132Article 4 Sec. 52.
4252		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 133.1managed care plans and county-based purchasing plans and providers to whom this paragraph
4253		-	133.2applies must allow recovery of payments from those providers if capitation rates are adjusted
4254		-	133.3in accordance with this paragraph. Payment recoveries must not exceed the amount equal
4255		-	133.4to any increase in rates that results from this provision. This paragraph expires if federal
4256		-	133.5approval is not received for this paragraph at any time.
4257		-	133.6 (e) The commissioner shall implement a quality incentive payment program for CCBHCs
4258		-	133.7that meets the following requirements:
4259		-	133.8 (1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric
4260		-	133.9thresholds for performance metrics established by the commissioner, in addition to payments
4261		-	133.10for which the CCBHC is eligible under the CCBHC daily bundled rate system described in
4262		-	133.11paragraph (c);
4263		-	133.12 (2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement
4264		-	133.13year to be eligible for incentive payments;
4265		-	133.14 (3) each CCBHC shall receive written notice of the criteria that must be met in order to
4266		-	133.15receive quality incentive payments at least 90 days prior to the measurement year; and
4267		-	133.16 (4) a CCBHC must provide the commissioner with data needed to determine incentive
4268		-	133.17payment eligibility within six months following the measurement year. The commissioner
4269		-	133.18shall notify CCBHC providers of their performance on the required measures and the
4270		-	133.19incentive payment amount within 12 months following the measurement year.
4271		-	133.20 (f) All claims to managed care plans for CCBHC services as provided under this section
4272		-	133.21shall be submitted directly to, and paid by, the commissioner on the dates specified no later
4273		-	133.22than January 1 of the following calendar year, if:
4274		-	133.23 (1) one or more managed care plans does not comply with the federal requirement for
4275		-	133.24payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42,
4276		-	133.25section 447.45(b), and the managed care plan does not resolve the payment issue within 30
4277		-	133.26days of noncompliance; and
4278		-	133.27 (2) the total amount of clean claims not paid in accordance with federal requirements
4279		-	133.28by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims
4280		-	133.29eligible for payment by managed care plans.
4281		-	133.30If the conditions in this paragraph are met between January 1 and June 30 of a calendar
4282		-	133.31year, claims shall be submitted to and paid by the commissioner beginning on January 1 of
4283		-	133.32the following year. If the conditions in this paragraph are met between July 1 and December
4284		-	133Article 4 Sec. 52.
4285		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 134.131 of a calendar year, claims shall be submitted to and paid by the commissioner beginning
4286		-	134.2on July 1 of the following year.
4287		-	134.3 (g) Peer services provided by a CCBHC certified under section 245.735 are a covered
4288		-	134.4service under medical assistance when a licensed mental health professional or alcohol and
4289		-	134.5drug counselor determines that peer services are medically necessary. Eligibility under this
4290		-	134.6subdivision for peer services provided by a CCBHC supersede eligibility standards under
4291		-	134.7sections 256B.0615, 256B.0616, and 245G.07, subdivision 2 2a, paragraph (b), clause (8)
4292		-	134.8(2).
4293		-	134.9Sec. 53. Minnesota Statutes 2024, section 256B.0757, subdivision 4c, is amended to read:
4294		-	134.10 Subd. 4c.Behavioral health home services staff qualifications.(a) A behavioral health
4295		-	134.11home services provider must maintain staff with required professional qualifications
4296		-	134.12appropriate to the setting.
4297		-	134.13 (b) If behavioral health home services are offered in a mental health setting, the
4298		-	134.14integration specialist must be a licensed nurse, as defined in section 148.171, subdivision
4299		-	134.159.
4300		-	134.16 (c) If behavioral health home services are offered in a primary care setting, the integration
4301		-	134.17specialist must be a mental health professional who is qualified according to section 245I.04,
4302		-	134.18subdivision 2.
4303		-	134.19 (d) If behavioral health home services are offered in either a primary care setting or
4304		-	134.20mental health setting, the systems navigator must be a mental health practitioner who is
4305		-	134.21qualified according to section 245I.04, subdivision 4, or a community health worker as
4306		-	134.22defined in section 256B.0625, subdivision 49.
4307		-	134.23 (e) If behavioral health home services are offered in either a primary care setting or
4308		-	134.24mental health setting, the qualified health home specialist must be one of the following:
4309		-	134.25 (1) a mental health certified peer specialist who is qualified according to section 245I.04,
4310		-	134.26subdivision 10;
4311		-	134.27 (2) a mental health certified family peer specialist who is qualified according to section
4312		-	134.28245I.04, subdivision 12;
4313		-	134.29 (3) a case management associate as defined in section 245.462, subdivision 4, paragraph
4314		-	134.30(g), or 245.4871, subdivision 4, paragraph (j);
4315		-	134.31 (4) a mental health rehabilitation worker who is qualified according to section 245I.04,
4316		-	134.32subdivision 14;
4317		-	134Article 4 Sec. 53.
4318		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 135.1 (5) a community paramedic as defined in section 144E.28, subdivision 9;
4319		-	135.2 (6) a peer recovery specialist as defined in section 245G.07, subdivision 1, clause (5)
4320		-	135.3245G.11, subdivision 8; or
4321		-	135.4 (7) a community health worker as defined in section 256B.0625, subdivision 49.
4322		-	135.5Sec. 54. Minnesota Statutes 2024, section 256B.0761, subdivision 4, is amended to read:
4323		-	135.6 Subd. 4.Services and duration.(a) Services must be provided 90 days prior to an
4324		-	135.7individual's release date or, if an individual's confinement is less than 90 days, during the
4325		-	135.8time period between a medical assistance eligibility determination and the release to the
4326		-	135.9community.
4327		-	135.10 (b) Facilities must offer the following services using either community-based or
4328		-	135.11corrections-based providers:
4329		-	135.12 (1) case management activities to address physical and behavioral health needs, including
4330		-	135.13a comprehensive assessment of individual needs, development of a person-centered care
4331		-	135.14plan, referrals and other activities to address assessed needs, and monitoring and follow-up
4332		-	135.15activities;
4333		-	135.16 (2) drug coverage in accordance with section 256B.0625, subdivision 13, including up
4334		-	135.17to a 30-day supply of drugs upon release;
4335		-	135.18 (3) substance use disorder comprehensive assessments according to section 254B.05,
4336		-	135.19subdivision 5, paragraph (b), clause (2);
4337		-	135.20 (4) treatment coordination services according to section 254B.05, subdivision 5, paragraph
4338		-	135.21(b), clause (3);
4339		-	135.22 (5) peer recovery support services according to sections 245I.04, subdivisions 18 and
4340		-	135.2319, and 254B.05, subdivision 5, paragraph (b), clause (4);
4341		-	135.24 (6) substance use disorder individual and group counseling provided according to sections
4342		-	135.25245G.07, subdivision 1, paragraph (a), clause (1), and 254B.05;
4343		-	135.26 (7) mental health diagnostic assessments as required under section 245I.10;
4344		-	135.27 (8) group and individual psychotherapy as required under section 256B.0671;
4345		-	135.28 (9) peer specialist services as required under sections 245I.04 and 256B.0615;
4346		-	135.29 (10) family planning and obstetrics and gynecology services; and
4347		-	135.30 (11) physical health well-being and screenings and care for adults and youth.; and
4348		-	135Article 4 Sec. 54.
4349		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 136.1 (12) medications used for the treatment of opioid use disorder and nonmedication
4350		-	136.2treatment services for opioid use disorder under section 245G.22.
4351		-	136.3 (c) Services outlined in this subdivision must only be authorized when an individual
4352		-	136.4demonstrates medical necessity or other eligibility as required under this chapter or applicable
4353		-	136.5state and federal laws.
4354		-	136.6Sec. 55. Minnesota Statutes 2024, section 256I.04, subdivision 2a, is amended to read:
4355		-	136.7 Subd. 2a.License required; staffing qualifications.(a) Except as provided in paragraph
4356		-	136.8(b) (c), an agency may not enter into an agreement with an establishment to provide housing
4357		-	136.9support unless:
4358		-	136.10 (1) the establishment is licensed by the Department of Health as a hotel and restaurant;
4359		-	136.11a board and lodging establishment; a boarding care home before March 1, 1985; or a
4360		-	136.12supervised living facility, and the service provider for residents of the facility is licensed
4361		-	136.13under chapter 245A. However, an establishment licensed by the Department of Health to
4362		-	136.14provide lodging need not also be licensed to provide board if meals are being supplied to
4363		-	136.15residents under a contract with a food vendor who is licensed by the Department of Health;
4364		-	136.16 (2) the residence is: (i) licensed by the commissioner of human services under Minnesota
4365		-	136.17Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior
4366		-	136.18to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
4367		-	136.19(iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,
4368		-	136.20with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02,
4369		-	136.21subdivision 4a, as a community residential setting by the commissioner of human services;
4370		-	136.22or
4371		-	136.23 (3) the facility is licensed under chapter 144G and provides three meals a day.
4372		-	136.24 (b) Effective January 1, 2027, the commissioner may enter into housing support
4373		-	136.25agreements with a board and lodging establishment under section 256I.04, subdivision 2a,
4374		-	136.26paragraph (a), clause (1), that is also certified by the commissioner as a recovery residence,
4375		-	136.27subject to the requirements of section 256I.04, subdivisions 2a to 2f. When doing so, the
4376		-	136.28department of human services serves as the lead agency for the agreement.
4377		-	136.29 (b) (c) The requirements under paragraph (a) do not apply to establishments exempt
4378		-	136.30from state licensure because they are:
4379		-	136.31 (1) located on Indian reservations and subject to tribal health and safety requirements;
4380		-	136.32or
4381		-	136Article 4 Sec. 55.
4382		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 137.1 (2) supportive housing establishments where an individual has an approved habitability
4383		-	137.2inspection and an individual lease agreement.
4384		-	137.3 (c) (d) Supportive housing establishments that serve individuals who have experienced
4385		-	137.4long-term homelessness and emergency shelters must participate in the homeless management
4386		-	137.5information system and a coordinated assessment system as defined by the commissioner.
4387		-	137.6 (d) (e) Effective July 1, 2016, an agency shall not have an agreement with a provider of
4388		-	137.7housing support unless all staff members who have direct contact with recipients:
4389		-	137.8 (1) have skills and knowledge acquired through one or more of the following:
4390		-	137.9 (i) a course of study in a health- or human services-related field leading to a bachelor
4391		-	137.10of arts, bachelor of science, or associate's degree;
4392		-	137.11 (ii) one year of experience with the target population served;
4393		-	137.12 (iii) experience as a mental health certified peer specialist according to section 256B.0615;
4394		-	137.13or
4395		-	137.14 (iv) meeting the requirements for unlicensed personnel under sections 144A.43 to
4396		-	137.15144A.483;
4397		-	137.16 (2) hold a current driver's license appropriate to the vehicle driven if transporting
4398		-	137.17recipients;
4399		-	137.18 (3) complete training on vulnerable adults mandated reporting and child maltreatment
4400		-	137.19mandated reporting, where applicable; and
4401		-	137.20 (4) complete housing support orientation training offered by the commissioner.
4402		-	137.21Sec. 56. Minnesota Statutes 2024, section 325F.725, is amended to read:
4403		-	137.22 325F.725 SOBER HOME RECOVERY RESIDENCE TITLE PROTECTION.
4404		-	137.23 No person or entity may use the phrase "sober home," "recovery residence," whether
4405		-	137.24alone or in combination with other words and whether orally or in writing, to advertise,
4406		-	137.25market, or otherwise describe, offer, or promote itself, or any housing, service, service
4407		-	137.26package, or program that it provides within this state, unless the person or entity meets the
4408		-	137.27definition of a sober home recovery residence in section 254B.01, subdivision 11, and meets
4409		-	137.28the requirements of section 254B.181 sections 254B.21 to 254B.216.
4410		-	137.29 EFFECTIVE DATE.This section is effective January 1, 2027.
4411		-	137Article 4 Sec. 56.
4412		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 138.1Sec. 57. RECOVERY RESIDENCE WORKGROUP .
4413		-	138.2 (a) The commissioner of human services must convene a workgroup to develop
4414		-	138.3recommendations specific to recovery residences. The workgroup must:
4415		-	138.4 (1) produce a report that examines how other states fund recovery residences, identifying
4416		-	138.5best practices and models that could be applicable to Minnesota;
4417		-	138.6 (2) engage with stakeholders to ensure meaningful collaboration with key external
4418		-	138.7stakeholders on the ideas being developed that will inform the final plan and
4419		-	138.8recommendations; and
4420		-	138.9 (3) create an implementable plan addressing housing needs for individuals in outpatient
4421		-	138.10substance use disorder treatment that includes:
4422		-	138.11 (i) clear strategies for aligning housing models with individual treatment needs;
4423		-	138.12 (ii) an assessment of funding streams, including potential federal funding sources;
4424		-	138.13 (iii) a timeline for implementation with key milestones and action steps;
4425		-	138.14 (iv) recommendations for future resource allocation to ensure long-term housing stability
4426		-	138.15for individuals in recovery; and
4427		-	138.16 (v) specific recommendations for policy or legislative changes that may be required to
4428		-	138.17support sustainable recovery housing solutions.
4429		-	138.18 (b) The workgroup must include but is not limited to:
4430		-	138.19 (1) at least two designees from the Department of Human Services representing: (i)
4431		-	138.20behavioral health; and (ii) homelessness and housing and support services;
4432		-	138.21 (2) the commissioner of health or a designee;
4433		-	138.22 (3) two people who have experience living in a recovery residence;
4434		-	138.23 (4) representatives from at least three substance use disorder lodging facilities currently
4435		-	138.24operating in Minnesota;
4436		-	138.25 (5) three representatives from county social services agencies, at least one from inside
4437		-	138.26the seven-county metropolitan area and one from outside the seven-county metropolitan
4438		-	138.27area;
4439		-	138.28 (6) a representative from a Tribal social services agency;
4440		-	138.29 (7) representatives from national or state organizations or associations specializing in
4441		-	138.30recovery residences and substance use disorder treatment; and
4442		-	138Article 4 Sec. 57.
4443		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 139.1 (8) a representative from a state mental health advocacy or adult mental health provider
4444		-	139.2organization.
4445		-	139.3 (c) The workgroup must meet at least monthly and as necessary to fulfill its
4446		-	139.4responsibilities. The commissioner of human services must provide administrative support
4447		-	139.5and meeting space for the workgroup. The workgroup may conduct meetings remotely.
4448		-	139.6 (d) The commissioner of human services must make appointments to the workgroup by
4449		-	139.7October 1, 2025, and convene the first meeting of the workgroup by January 15, 2026.
4450		-	139.8 (e) The workgroup must submit a final report with recommendations to the chairs and
4451		-	139.9ranking minority members of the legislative committees with jurisdiction over health and
4452		-	139.10human services policy and finance on or before January 1, 2027.
4453		-	139.11Sec. 58. SUBSTANCE USE DISORDER CARE COORDINATION AND
4454		-	139.12NAVIGATION ASSISTANCE EVALUATION.
4455		-	139.13 (a) The commissioner of human services must evaluate and make recommendations on
4456		-	139.14ways to ensure that persons with substance use disorder have access to care coordination
4457		-	139.15and navigation services that improve access to:
4458		-	139.16 (1) acute withdrawal services;
4459		-	139.17 (2) physical health care coverage and services;
4460		-	139.18 (3) cognitive, behavioral, and emotional health care coverage and services;
4461		-	139.19 (4) relapse prevention services; and
4462		-	139.20 (5) recovery environment supports, including but not limited to employment, vocational
4463		-	139.21services, transportation, child care, affordable housing, economic assistance, financial
4464		-	139.22independence, and reconnection to community.
4465		-	139.23 (b) As part of the evaluation, the commissioner must assess and identify gaps in the
4466		-	139.24current substance use disorder service continuum including treatment coordination, health
4467		-	139.25care navigation services, and case management. The commissioner must evaluate
4468		-	139.26opportunities and make recommendations for developing, expanding, or integrating medical
4469		-	139.27assistance care coordination, navigation, and case management services.
4470		-	139.28 (c) The commissioner must submit a report on the evaluation and recommendations
4471		-	139.29under this section to the chairs and ranking minority members of the committees with
4472		-	139.30jurisdiction over health and human services by November 1, 2026. The report must outline
4473		-	139.31currently available care coordination and navigation services for persons with substance
4474		-	139.32use disorder, identify gaps in the substance use disorder service continuum, and recommend
4475		-	139Article 4 Sec. 58.
4476		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 140.1new, expanded, or integrated benefits that align with evidence-based, holistic, and
4477		-	140.2person-centered approaches to substance use disorder recovery.
4478		-	140.3Sec. 59. PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY WORKING
4479		-	140.4GROUP.
4480		-	140.5 (a) By July 15, 2025, the commissioner of human services must convene a working
4481		-	140.6group with participation from:
4482		-	140.7 (1) organizations operating psychiatric residential treatment facilities;
4483		-	140.8 (2) advocates;
4484		-	140.9 (3) health care experts;
4485		-	140.10 (4) juvenile detention experts;
4486		-	140.11 (5) county representatives;
4487		-	140.12 (6) at least one employee of Direct Care and Treatment appointed by the chief executive
4488		-	140.13officer of Direct Care and Treatment;
4489		-	140.14 (7) at least one employee of the Department of Health appointed by the commissioner
4490		-	140.15of health; and
4491		-	140.16 (8) at least two employees of the Department of Human Services, one of whom must
4492		-	140.17have expertise in behavioral health and one of whom must have expertise in licensing of
4493		-	140.18residential facilities.
4494		-	140.19 (b) By January 15, 2026, the psychiatric residential treatment facility working group
4495		-	140.20must submit a report and proposed legislative changes to the chairs and ranking minority
4496		-	140.21members of the legislative committees with jurisdiction over children's mental health and
4497		-	140.22juvenile detention. The submitted report must include recommendations:
4498		-	140.23 (1) to amend the state medical assistance plan to expand access to care provided in
4499		-	140.24psychiatric residential treatment facilities with consideration being given to enhancing
4500		-	140.25flexibilities to serve a continuum of mental health needs;
4501		-	140.26 (2) to develop licensing standards for psychiatric residential treatment facilities to reflect
4502		-	140.27needed flexibilities and broad inclusion of settings where care can be delivered in settings
4503		-	140.28operated by Direct Care and Treatment; and
4504		-	140.29 (3) to update the rate methodology for services provided in psychiatric residential
4505		-	140.30treatment facilities to assure high quality of care with required individualization.
4506		-	140Article 4 Sec. 59.
4507		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 141.1 (c) When developing the recommendations required under paragraph (b), the working
4508		-	141.2group must:
4509		-	141.3 (1) consider how best to meet the needs of children with high levels of complexity,
4510		-	141.4aggression, and related barriers to being served by community providers; and
4511		-	141.5 (2) determine what would be required, including needed infrastructure, staffing, and
4512		-	141.6sustainable funding sources, to allow qualified residential treatment programs to transition
4513		-	141.7to a psychiatric residential treatment facility standard of care.
4514		-	141.8 EFFECTIVE DATE.This section is effective the day following final enactment.
4515		-	141.9Sec. 60. SUBSTANCE USE DISORDER TREATMENT BILLING UNITS.
4516		-	141.10 The commissioner of human services must establish six new billing codes for
4517		-	141.11nonresidential substance use disorder individual and group counseling, psychoeducation,
4518		-	141.12and recovery support services. The commissioner must identify reimbursement rates for
4519		-	141.13the newly defined codes and update the substance use disorder fee schedule. The new billing
4520		-	141.14codes must correspond to a 15-minute unit and become effective for services provided on
4521		-	141.15or after July 1, 2026, or upon federal approval, whichever is later.
4522		-	141.16Sec. 61. REVISOR INSTRUCTION.
4523		-	141.17 The revisor of statutes shall change the terms "mental health practitioner" and "mental
4524		-	141.18health practitioners" to "behavioral health practitioner" or "behavioral health practitioners"
4525		-	141.19wherever they appear in Minnesota Statutes, chapter 245I.
4526		-	141.20Sec. 62. REPEALER.
4527		-	141.21 (a) Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07, subdivision
4528		-	141.222; and 254B.01, subdivision 5, are repealed.
4529		-	141.23 (b) Minnesota Statutes 2024, section 254B.04, subdivision 2a, is repealed.
4530		-	141.24 (c) Minnesota Statutes 2024, section 254B.181, is repealed.
4531		-	141.25 EFFECTIVE DATE.Paragraph (a) is effective July 1, 2025, paragraph (b) is effective
4532		-	141.26July 1, 2027, and paragraph (c) is effective January 1, 2027.
4533		-	141Article 4 Sec. 62.
4534		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 142.1 ARTICLE 5
4535		-	142.2 BACKGROUND STUDIES
4536		-	142.3Section 1. Minnesota Statutes 2024, section 142A.02, subdivision 1, is amended to read:
4537		-	142.4 Subdivision 1.Department.(a) The Department of Children, Youth, and Families is
4538		-	142.5established. The commissioner of children, youth, and families is hereby constituted the
4539		-	142.6"state agency" for the purposes of Title IV of the Social Security Act of the United States
4540		-	142.7and the laws of this state.
4541		-	142.8 (b) The commissioners of human services and children, youth, and families are hereby
4542		-	142.9constituted the "state agency" and the "joint interagency office" for purposes of background
4543		-	142.10studies under chapter 245C.
4544		-	142.11 (c) The commissioner of children, youth, and families is hereby constituted the "state
4545		-	142.12agency" for the purposes of administering the child care and development fund.
4546		-	142.13Sec. 2. Minnesota Statutes 2024, section 142A.09, subdivision 1, is amended to read:
4547		-	142.14 Subdivision 1.Background studies required.The commissioner of children, youth,
4548		-	142.15and families shall contract with the commissioner of human services to shall conduct
4549		-	142.16background studies of individuals specified in section 245C.03, subdivision 1, affiliated
4550		-	142.17with:
4551		-	142.18 (1) a facility or program licensed or seeking a license under chapter 142B;
4552		-	142.19 (2) a license-exempt child care center certified under chapter 142C; or
4553		-	142.20 (3) a legal nonlicensed child care provider authorized under chapter 142E.
4554		-	142.21Sec. 3. Minnesota Statutes 2024, section 245C.02, subdivision 7, is amended to read:
4555		-	142.22 Subd. 7.Commissioner."Commissioner" has the meaning given in section 245A.02,
4556		-	142.23subdivision 5 means the commissioner of human services.
4557		-	142.24Sec. 4. Minnesota Statutes 2024, section 245C.03, subdivision 6, is amended to read:
4558		-	142.25 Subd. 6.Unlicensed home and community-based waiver providers of service to
4559		-	142.26seniors and individuals with disabilities.(a) The commissioner shall conduct background
4560		-	142.27studies of on any individual who is an owner who has at least a five percent ownership
4561		-	142.28stake, an operator, or an employee or volunteer who provides direct contact, as defined in
4562		-	142.29section 245C.02, subdivision 11, for services specified in the federally approved home and
4563		-	142.30community-based waiver plans under section 256B.4912. The individual studied must meet
4564		-	142Article 5 Sec. 4.
4565		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 143.1the requirements of this chapter prior to providing waiver services and as part of ongoing
4566		-	143.2enrollment.
4567		-	143.3 (b) The requirements in paragraph (a) apply to consumer-directed community supports
4568		-	143.4under section 256B.4911.
4569		-	143.5 (c) For purposes of this section, "operator" includes but is not limited to a managerial
4570		-	143.6officer who oversees the billing, management, or policies of the services provided.
4571		-	143.7Sec. 5. Minnesota Statutes 2024, section 245C.03, subdivision 13, is amended to read:
4572		-	143.8 Subd. 13.Providers of housing stabilization services.The commissioner shall conduct
4573		-	143.9background studies of on any provider of individual who is an owner who has at least a five
4574		-	143.10percent ownership stake in, an operator of, or an employee or volunteer who provides direct
4575		-	143.11contact housing stabilization services required by section 256B.051 to have a background
4576		-	143.12study completed under this chapter.
4577		-	143.13Sec. 6. Minnesota Statutes 2024, section 245C.03, subdivision 15, is amended to read:
4578		-	143.14 Subd. 15.Early intensive developmental and behavioral intervention providers.The
4579		-	143.15commissioner shall conduct background studies according to this chapter when initiated by
4580		-	143.16an on any individual who is an owner who has at least a five percent ownership stake in,
4581		-	143.17an operator of, or an employee or volunteer who provides direct contact early intensive
4582		-	143.18developmental and behavioral intervention provider services under section 256B.0949.
4583		-	143.19Sec. 7. Minnesota Statutes 2024, section 245C.04, subdivision 6, is amended to read:
4584		-	143.20 Subd. 6.Unlicensed home and community-based waiver providers of service to
4585		-	143.21seniors and individuals with disabilities and providers of housing stabilization
4586		-	143.22services.(a) Providers required to initiate background studies under section 256B.4912
4587		-	143.23245C.03, subdivisions 6 and 13 must initiate a study using the electronic system known as
4588		-	143.24NETStudy 2.0 before the individual begins in a position allowing direct contact with persons
4589		-	143.25served by the provider. New providers must initiate a study under this subdivision before
4590		-	143.26initial enrollment if the provider has not already initiated background studies as part of the
4591		-	143.27service licensure requirements.
4592		-	143.28 (b) Except as provided in paragraphs (c) and (d), the providers must initiate a background
4593		-	143.29study annually of an individual required to be studied under section 245C.03, subdivision
4594		-	143.306.
4595		-	143Article 5 Sec. 7.
4596		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 144.1 (c) After an initial background study under this subdivision is initiated on an individual
4597		-	144.2by a provider of both services licensed by the commissioner and the unlicensed services
4598		-	144.3under this subdivision, a repeat annual background study is not required if:
4599		-	144.4 (1) the provider maintains compliance with the requirements of section 245C.07,
4600		-	144.5paragraph (a), regarding one individual with one address and telephone number as the person
4601		-	144.6to receive sensitive background study information for the multiple programs that depend
4602		-	144.7on the same background study, and that the individual who is designated to receive the
4603		-	144.8sensitive background information is capable of determining, upon the request of the
4604		-	144.9commissioner, whether a background study subject is providing direct contact services in
4605		-	144.10one or more of the provider's programs or services and, if so, at which location or locations;
4606		-	144.11and
4607		-	144.12 (2) the individual who is the subject of the background study provides direct contact
4608		-	144.13services under the provider's licensed program for at least 40 hours per year so the individual
4609		-	144.14will be recognized by a probation officer or corrections agent to prompt a report to the
4610		-	144.15commissioner regarding criminal convictions as required under section 245C.05, subdivision
4611		-	144.167.
4612		-	144.17 (d) A provider who initiates background studies through NETStudy 2.0 is exempt from
4613		-	144.18the requirement to initiate annual background studies under paragraph (b) for individuals
4614		-	144.19who are on the provider's active roster.
4615		-	144.20Sec. 8. Minnesota Statutes 2024, section 245C.04, is amended by adding a subdivision to
4616		-	144.21read:
4617		-	144.22 Subd. 12.Early intensive developmental and behavioral intervention
4618		-	144.23providers.Providers required to initiate background studies under section 245C.03,
4619		-	144.24subdivision 15, must initiate a study using the electronic system known as NETStudy 2.0
4620		-	144.25before the individual begins in a position operating or allowing direct contact with persons
4621		-	144.26served by the provider or before the individual becomes an operator or acquires five percent
4622		-	144.27or more ownership.
4623		-	144.28Sec. 9. Minnesota Statutes 2024, section 245C.08, subdivision 5, is amended to read:
4624		-	144.29 Subd. 5.Authorization.The commissioner of human services shall be authorized to
4625		-	144.30receive information under this chapter.
4626		-	144Article 5 Sec. 9.
4627		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 145.1Sec. 10. Minnesota Statutes 2024, section 245C.10, is amended by adding a subdivision
4628		-	145.2to read:
4629		-	145.3 Subd. 9b.Child foster care and adoption programs.The commissioner shall recover
4630		-	145.4the cost of a background study required for child foster care and adoption studies through
4631		-	145.5a fee of no more than $44 per study. The fees collected under this subdivision are
4632		-	145.6appropriated to the commissioner for the purpose of conducting background studies.
4633		-	145.7Sec. 11. Minnesota Statutes 2024, section 245C.13, subdivision 2, is amended to read:
4634		-	145.8 Subd. 2.Activities pending completion of background study.The subject of a
4635		-	145.9background study may not perform any activity requiring a background study under
4636		-	145.10paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
4637		-	145.11 (a) Notices from the commissioner required prior to activity under paragraph (c) include:
4638		-	145.12 (1) a notice of the study results under section 245C.17 stating that:
4639		-	145.13 (i) the individual is not disqualified; or
4640		-	145.14 (ii) more time is needed to complete the study but the individual is not required to be
4641		-	145.15removed from direct contact or access to people receiving services prior to completion of
4642		-	145.16the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice
4643		-	145.17that more time is needed to complete the study must also indicate whether the individual is
4644		-	145.18required to be under continuous direct supervision prior to completion of the background
4645		-	145.19study. When more time is necessary to complete a background study of an individual
4646		-	145.20affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
4647		-	145.21the individual may not work in the facility or setting regardless of whether or not the
4648		-	145.22individual is supervised;
4649		-	145.23 (2) a notice that a disqualification has been set aside under section 245C.23; or
4650		-	145.24 (3) a notice that a variance has been granted related to the individual under section
4651		-	145.25245C.30.
4652		-	145.26 (b) For a background study affiliated with a licensed child care center or certified
4653		-	145.27license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii),
4654		-	145.28must not be issued until the commissioner receives a qualifying result for the individual for
4655		-	145.29the fingerprint-based national criminal history record check or the fingerprint-based criminal
4656		-	145.30history information from the Bureau of Criminal Apprehension. The notice must require
4657		-	145.31the individual to be under continuous direct supervision prior to completion of the remainder
4658		-	145.32of the background study except as permitted in subdivision 3.
4659		-	145Article 5 Sec. 11.
4660		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 146.1 (c) Activities prohibited prior to receipt of notice under paragraph (a) include:
4661		-	146.2 (1) being issued a license;
4662		-	146.3 (2) living in the household where the licensed program will be provided;
4663		-	146.4 (3) providing direct contact services to persons served by a program unless the subject
4664		-	146.5is under continuous direct supervision;
4665		-	146.6 (4) having access to persons receiving services if the background study was completed
4666		-	146.7under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2),
4667		-	146.8(5), or (6), unless the subject is under continuous direct supervision;
4668		-	146.9 (5) for licensed child care centers and certified license-exempt child care centers,
4669		-	146.10providing direct contact services to persons served by the program;
4670		-	146.11 (6) for children's residential facilities or foster residence settings, working in the facility
4671		-	146.12or setting; or
4672		-	146.13 (7) for background studies affiliated with a personal care provider organization, except
4673		-	146.14as provided in section 245C.03, subdivision 3b, before a personal care assistant provides
4674		-	146.15services, the personal care assistance provider agency must initiate a background study of
4675		-	146.16the personal care assistant under this chapter and the personal care assistance provider
4676		-	146.17agency must have received a notice from the commissioner that the personal care assistant
4677		-	146.18is:
4678		-	146.19 (i) not disqualified under section 245C.14; or
4679		-	146.20 (ii) disqualified, but the personal care assistant has received a set aside of the
4680		-	146.21disqualification under section 245C.22.; or
4681		-	146.22 (8) for background studies affiliated with an early intensive developmental and behavioral
4682		-	146.23intervention provider, before an individual provides services, the early intensive
4683		-	146.24developmental and behavioral intervention provider must initiate a background study for
4684		-	146.25the individual under this chapter and the early intensive developmental and behavioral
4685		-	146.26intervention provider must have received a notice from the commissioner that the individual
4686		-	146.27is:
4687		-	146.28 (i) not disqualified under section 245C.14; or
4688		-	146.29 (ii) disqualified, but the individual has received a set-aside of the disqualification under
4689		-	146.30section 245C.22.
4690		-	146.31 EFFECTIVE DATE.The amendment to paragraph (b) is effective January 15, 2026.
4691		-	146.32The amendment to paragraph (c) is effective August 5, 2025.
4692		-	146Article 5 Sec. 11.
4693		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 147.1Sec. 12. Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision
4694		-	147.2to read:
4695		-	147.3 Subd. 4c.Two-year disqualification.An individual is disqualified under section
4696		-	147.4245C.14, subdivision 6, if less than two years have passed since a determination that the
4697		-	147.5individual violated section 142A.12, 245.095, or 256B.064.
4698		-	147.6 EFFECTIVE DATE.This section is effective July 1, 2025.
4699		-	147.7Sec. 13. Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision
4700		-	147.8to read:
4701		-	147.9 Subd. 6.Disqualification from owning, operating, or billing.The commissioner shall
4702		-	147.10disqualify an individual who is the subject of a background study from any position involving
4703		-	147.11ownership, management, or control of a program or billing activities if a background study
4704		-	147.12completed under this chapter shows a violation of section 142A.12, 245.095, or 256B.064.
4705		-	147.13 EFFECTIVE DATE.This section is effective July 1, 2025.
4706		-	147.14Sec. 14. Minnesota Statutes 2024, section 245C.15, subdivision 1, is amended to read:
4707		-	147.15 Subdivision 1.Permanent disqualification.(a) An individual is disqualified under
4708		-	147.16section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
4709		-	147.17sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
4710		-	147.18the level of the offense, the individual has committed any of the following offenses: sections
4711		-	147.19243.166 (violation of predatory offender registration law); 609.185 (murder in the first
4712		-	147.20degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
4713		-	147.21(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
4714		-	147.22offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
4715		-	147.23under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
4716		-	147.24neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
4717		-	147.25(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.247,
4718		-	147.26subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.2661
4719		-	147.27(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
4720		-	147.28second degree); 609.2663 (murder of an unborn child in the third degree); 609.322
4721		-	147.29(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other
4722		-	147.30prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
4723		-	147.31sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
4724		-	147.32609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
4725		-	147.33in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual
4726		-	147Article 5 Sec. 14.
4727		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 148.1extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest);
4728		-	148.2a felony offense under 609.377 (malicious punishment of a child); 609.3775 (child torture);
4729		-	148.3a felony offense under 609.378 (neglect or endangerment of a child); 609.561 (arson in the
4730		-	148.4first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
4731		-	148.5(felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public
4732		-	148.6transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1)
4733		-	148.7(indecent exposure involving a minor); 617.246 (use of minors in sexual performance
4734		-	148.8prohibited); 617.247 (possession of pictorial representations of minors); or, for a child care
4735		-	148.9background study subject, conviction of a crime that would make the individual ineligible
4736		-	148.10for employment under United States Code, title 42, section 9858f, except for a felony drug
4737		-	148.11conviction, regardless of whether a period of disqualification under subdivisions 2 to 4,
4738		-	148.12would apply if the individual were not a child care background study subject.
4739		-	148.13 (b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
4740		-	148.14offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
4741		-	148.15permanently disqualifies the individual under section 245C.14.
4742		-	148.16 (c) An individual's offense in any other state or country, where the elements of the offense
4743		-	148.17are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
4744		-	148.18the individual under section 245C.14.
4745		-	148.19 (d) When a disqualification is based on a judicial determination other than a conviction,
4746		-	148.20the disqualification period begins from the date of the court order. When a disqualification
4747		-	148.21is based on an admission, the disqualification period begins from the date of an admission
4748		-	148.22in court. When a disqualification is based on an Alford Plea, the disqualification period
4749		-	148.23begins from the date the Alford Plea is entered in court. When a disqualification is based
4750		-	148.24on a preponderance of evidence of a disqualifying act, the disqualification date begins from
4751		-	148.25the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
4752		-	148.26a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
4753		-	148.27 (e) If the individual studied commits one of the offenses listed in paragraph (a) that is
4754		-	148.28specified as a felony-level only offense, but the sentence or level of offense is a gross
4755		-	148.29misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
4756		-	148.30look-back period for the offense is the period applicable to gross misdemeanor or
4757		-	148.31misdemeanor offenses.
4758		-	148.32 (f) A child care background study subject shall be disqualified if the individual is
4759		-	148.33registered, or required to be registered, on a state sex offender registry or repository or the
4760		-	148.34National Sex Offender Registry.
4761		-	148Article 5 Sec. 14.
4762		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 149.1 EFFECTIVE DATE.This section is effective July 1, 2025.
4763		-	149.2Sec. 15. Minnesota Statutes 2024, section 245C.15, subdivision 4a, is amended to read:
4764		-	149.3 Subd. 4a.Licensed family foster setting disqualifications.(a) Notwithstanding
4765		-	149.4subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
4766		-	149.5regardless of how much time has passed, an individual is disqualified under section 245C.14
4767		-	149.6if the individual committed an act that resulted in a felony-level conviction for sections:
4768		-	149.7609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
4769		-	149.8in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
4770		-	149.9the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
4771		-	149.10degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
4772		-	149.11609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
4773		-	149.12under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
4774		-	149.13neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
4775		-	149.14(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
4776		-	149.15(aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree);
4777		-	149.16609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child
4778		-	149.17in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
4779		-	149.18(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
4780		-	149.19in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
4781		-	149.20609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
4782		-	149.21in the second degree); 609.268 (injury or death of an unborn child in the commission of a
4783		-	149.22crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex
4784		-	149.23trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
4785		-	149.24hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct
4786		-	149.25in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
4787		-	149.26sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
4788		-	149.27609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
4789		-	149.28conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual
4790		-	149.29conduct); 609.377 (malicious punishment of a child); 609.3775 (child torture); 609.378
4791		-	149.30(neglect or endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision
4792		-	149.311 (burglary in the first degree); 609.746 (interference with privacy); 617.23 (indecent
4793		-	149.32exposure); 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession
4794		-	149.33of pictorial representations of minors).
4795		-	149Article 5 Sec. 15.
4796		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 150.1 (b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
4797		-	150.2with a licensed family foster setting, an individual is disqualified under section 245C.14,
4798		-	150.3regardless of how much time has passed, if the individual:
4799		-	150.4 (1) committed an action under paragraph (e) that resulted in death or involved sexual
4800		-	150.5abuse, as defined in section 260E.03, subdivision 20;
4801		-	150.6 (2) committed an act that resulted in a gross misdemeanor-level conviction for section
4802		-	150.7609.3451 (criminal sexual conduct in the fifth degree);
4803		-	150.8 (3) committed an act against or involving a minor that resulted in a felony-level conviction
4804		-	150.9for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
4805		-	150.10third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
4806		-	150.11or
4807		-	150.12 (4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
4808		-	150.13conviction for section 617.293 (dissemination and display of harmful materials to minors).
4809		-	150.14 (c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
4810		-	150.15family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
4811		-	150.16years have passed since the termination of the individual's parental rights under section
4812		-	150.17260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
4813		-	150.18parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
4814		-	150.19involuntarily terminate parental rights. An individual is disqualified under section 245C.14
4815		-	150.20if fewer than 20 years have passed since the termination of the individual's parental rights
4816		-	150.21in any other state or country, where the conditions for the individual's termination of parental
4817		-	150.22rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
4818		-	150.23(b).
4819		-	150.24 (d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
4820		-	150.25family foster setting, an individual is disqualified under section 245C.14 if fewer than five
4821		-	150.26years have passed since a felony-level violation for sections: 152.021 (controlled substance
4822		-	150.27crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
4823		-	150.28(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
4824		-	150.29fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
4825		-	150.30controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
4826		-	150.31(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
4827		-	150.326, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
4828		-	150.33prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
4829		-	150.34prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
4830		-	150Article 5 Sec. 15.
4831		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 151.1crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
4832		-	151.2impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
4833		-	151.3(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
4834		-	151.4child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
4835		-	151.5abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
4836		-	151.6neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);
4837		-	151.7609.247, subdivision 4 (carjacking in the third degree); 609.322, subdivision 1a (solicitation,
4838		-	151.8inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498,
4839		-	151.9subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b
4840		-	151.10(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563
4841		-	151.11(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66
4842		-	151.12(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,
4843		-	151.13subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting
4844		-	151.14at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
4845		-	151.15 (e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
4846		-	151.16background study affiliated with a licensed family child foster care license, an individual
4847		-	151.17is disqualified under section 245C.14 if fewer than five years have passed since:
4848		-	151.18 (1) a felony-level violation for an act not against or involving a minor that constitutes:
4849		-	151.19section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
4850		-	151.20degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
4851		-	151.21fifth degree);
4852		-	151.22 (2) a violation of an order for protection under section 518B.01, subdivision 14;
4853		-	151.23 (3) a determination or disposition of the individual's failure to make required reports
4854		-	151.24under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
4855		-	151.25under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
4856		-	151.26was recurring or serious;
4857		-	151.27 (4) a determination or disposition of the individual's substantiated serious or recurring
4858		-	151.28maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
4859		-	151.29serious or recurring maltreatment in any other state, the elements of which are substantially
4860		-	151.30similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
4861		-	151.31the definition of serious maltreatment or recurring maltreatment;
4862		-	151.32 (5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
4863		-	151.33the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
4864		-	151Article 5 Sec. 15.
4865		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 152.1609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
4866		-	152.2609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
4867		-	152.3 (6) committing an act against or involving a minor that resulted in a misdemeanor-level
4868		-	152.4violation of section 609.224, subdivision 1 (assault in the fifth degree).
4869		-	152.5 (f) For purposes of this subdivision, the disqualification begins from:
4870		-	152.6 (1) the date of the alleged violation, if the individual was not convicted;
4871		-	152.7 (2) the date of conviction, if the individual was convicted of the violation but not
4872		-	152.8committed to the custody of the commissioner of corrections; or
4873		-	152.9 (3) the date of release from prison, if the individual was convicted of the violation and
4874		-	152.10committed to the custody of the commissioner of corrections.
4875		-	152.11Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
4876		-	152.12of the individual's supervised release, the disqualification begins from the date of release
4877		-	152.13from the subsequent incarceration.
4878		-	152.14 (g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
4879		-	152.15offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
4880		-	152.16Statutes, permanently disqualifies the individual under section 245C.14. An individual is
4881		-	152.17disqualified under section 245C.14 if fewer than five years have passed since the individual's
4882		-	152.18aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
4883		-	152.19(d) and (e).
4884		-	152.20 (h) An individual's offense in any other state or country, where the elements of the
4885		-	152.21offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
4886		-	152.22permanently disqualifies the individual under section 245C.14. An individual is disqualified
4887		-	152.23under section 245C.14 if fewer than five years have passed since an offense in any other
4888		-	152.24state or country, the elements of which are substantially similar to the elements of any
4889		-	152.25offense listed in paragraphs (d) and (e).
4890		-	152.26 EFFECTIVE DATE.This section is effective July 1, 2025.
4891		-	152.27Sec. 16. Minnesota Statutes 2024, section 245C.22, subdivision 3, is amended to read:
4892		-	152.28 Subd. 3.Preeminent weight given to safety of persons being served and program
4893		-	152.29integrity.In reviewing a request for reconsideration of a disqualification, the commissioner
4894		-	152.30shall give preeminent weight to the safety of each person served by the license holder,
4895		-	152.31applicant, or other entities as provided in this chapter and to program integrity through
4896		-	152.32protection of state and federal money supporting the program over the interests of the
4897		-	152Article 5 Sec. 16.
4898		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 153.1disqualified individual, license holder, applicant, or other entity as provided in this chapter,
4899		-	153.2and any single factor under subdivision 4, paragraph (b), may be determinative of the
4900		-	153.3commissioner's decision whether to set aside the individual's disqualification.
4901		-	153.4Sec. 17. Minnesota Statutes 2024, section 245C.22, subdivision 8, is amended to read:
4902		-	153.5 Subd. 8.Sharing of certain data for reconsiderations and appeals.(a) The following
4903		-	153.6commissioners shall be responsible for conducting making final agency decisions on
4904		-	153.7background study reconsiderations and defending appeals of background studies for programs
4905		-	153.8under their jurisdictions study determinations:
4906		-	153.9 (1) the commissioner of human services for all programs under section 245C.03,
4907		-	153.10subdivision 1 this chapter, unless otherwise specified in this subdivision;
4908		-	153.11 (2) the commissioner of health for programs under section 245C.03, subdivision 5a;
4909		-	153.12 (3) the commissioner of corrections for programs under section 245C.03, subdivision
4910		-	153.135b; and
4911		-	153.14 (4) the commissioner of the children, youth, and families for programs under section
4912		-	153.15245C.03, subdivision 5c.
4913		-	153.16 (b) The commissioner of human services shall share all relevant background study data
4914		-	153.17to allow the commissioners specified in paragraph (a) to complete reconsiderations and
4915		-	153.18appeals for programs licensed or regulated by their agencies.
4916		-	153.19Sec. 18. Minnesota Statutes 2024, section 609A.015, subdivision 4, is amended to read:
4917		-	153.20 Subd. 4.Notice.(a) The court shall notify a person who may become eligible for an
4918		-	153.21automatic expungement under this section of that eligibility at any hearing where the court
4919		-	153.22dismisses and discharges proceedings against a person under section 152.18, subdivision
4920		-	153.231, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
4921		-	153.24substance; concludes that all pending actions or proceedings were resolved in favor of the
4922		-	153.25person; grants a person's placement into a diversion program; or sentences a person or
4923		-	153.26otherwise imposes a consequence for a qualifying offense.
4924		-	153.27 (b) To the extent possible, prosecutors, defense counsel, supervising agents, and
4925		-	153.28coordinators or supervisors of a diversion program shall notify a person who may become
4926		-	153.29eligible for an automatic expungement under this section of that eligibility.
4927		-	153.30 (c) If any party gives notification under this subdivision, the notification shall inform
4928		-	153.31the person that:
4929		-	153Article 5 Sec. 18.
4930		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 154.1 (1) a record expunged under this section may be opened for purposes of a background
4931		-	154.2study by the Department of Human Services; the Department of Children, Youth, and
4932		-	154.3Families; or the Department of Health under section 245C.08 and for purposes of a
4933		-	154.4background check by the Professional Educator Licensing and Standards Board as required
4934		-	154.5under section 122A.18, subdivision 8; and
4935		-	154.6 (2) the person can file a petition under section 609A.03, subject to the process in section
4936		-	154.7609A.03 and the limitations in section 609A.02, to expunge the records held by the
4937		-	154.8commissioner of human services,; the commissioner of children, youth, and families; the
4938		-	154.9commissioner of health,; and the Professional Educator Licensing and Standards Board.
4939		-	154.10Sec. 19. Minnesota Statutes 2024, section 609A.055, subdivision 3, is amended to read:
4940		-	154.11 Subd. 3.Expungement relief; notification requirements.(a) The Bureau of Criminal
4941		-	154.12Apprehension shall grant expungement relief to each qualifying person whose records the
4942		-	154.13bureau possesses and seal the bureau's records without requiring an application, petition,
4943		-	154.14or motion. The bureau shall seal records related to an expungement within 60 days after the
4944		-	154.15bureau sent notice of the expungement to the judicial branch pursuant to subdivision 2,
4945		-	154.16paragraph (b), unless an order of the judicial branch prohibits sealing the records or additional
4946		-	154.17information establishes that the records are not eligible for expungement.
4947		-	154.18 (b) Nonpublic criminal records maintained by the bureau and subject to a grant of
4948		-	154.19expungement relief must display a notation stating "expungement relief granted pursuant
4949		-	154.20to section 609A.055."
4950		-	154.21 (c) The bureau shall inform the judicial branch of all cases that are granted expungement
4951		-	154.22relief pursuant to this section. The bureau may notify the judicial branch using electronic
4952		-	154.23means and may notify the judicial branch immediately or in a monthly report. Upon receiving
4953		-	154.24notice of an expungement, the judicial branch shall seal all related records, including records
4954		-	154.25of the person's arrest, indictment, trial, verdict, and dismissal or discharge of the case. Upon
4955		-	154.26receiving notice of an expungement, the judicial branch shall issue any order necessary to
4956		-	154.27seal related records. The judicial branch shall not order the Department of Health; the
4957		-	154.28Department of Children, Youth, and Families; or the Department of Human Services to seal
4958		-	154.29records under this section.
4959		-	154.30 (d) The bureau shall inform each arresting or citing law enforcement agency or
4960		-	154.31prosecutorial office with records affected by the grant of expungement relief issued pursuant
4961		-	154.32to paragraph (a) that expungement has been granted. The bureau shall notify each agency
4962		-	154.33or office of an expungement within 60 days after the bureau sent notice of the expungement
4963		-	154.34to the judicial branch. The bureau may notify each agency or office using electronic means.
4964		-	154Article 5 Sec. 19.
4965		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 155.1Upon receiving notification of an expungement, an agency or office shall seal all records
4966		-	155.2related to the expungement, including the records of the person's arrest, indictment, trial,
4967		-	155.3verdict, and dismissal or discharge of the case.
4968		-	155.4 (e) The bureau shall provide information on its publicly facing website clearly stating
4969		-	155.5that persons who are noncitizens may need copies of records affected by a grant of
4970		-	155.6expungement relief for immigration purposes, explaining how they can obtain these copies
4971		-	155.7after expungement or other granted relief, and stating that a noncitizen should consult with
4972		-	155.8an immigration attorney.
4973		-	155.9 (f) Data on a person whose offense has been expunged under this subdivision, including
4974		-	155.10any notice sent pursuant to paragraph (d), are private data on individuals as defined in section
4975		-	155.1113.02, subdivision 12.
4976		-	155.12 (g) Section 609A.03, subdivision 6, applies to an order issued under this section sealing
4977		-	155.13the record of proceedings under section 152.18.
4978		-	155.14 (h) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply
4979		-	155.15to an order issued under this section.
4980		-	155.16 (i) The subject whose record qualifies for expungement shall be given access to copies
4981		-	155.17of the records of arrest, conviction, or incarceration for any purposes, including immigration
4982		-	155.18purposes.
4983		-	155.19 (j) Relief granted under this subdivision shall not impact the ability of a petitioner to
4984		-	155.20file for relief under section 590.01.
4985		-	155.21 ARTICLE 6
4986		-	155.22 DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY
4987		-	155.23Section 1. Minnesota Statutes 2024, section 13.46, subdivision 2, is amended to read:
4988		-	155.24 Subd. 2.General.(a) Data on individuals collected, maintained, used, or disseminated
4989		-	155.25by the welfare system are private data on individuals, and shall not be disclosed except:
4990		-	155.26 (1) according to section 13.05;
4991		-	155.27 (2) according to court order;
4992		-	155.28 (3) according to a statute specifically authorizing access to the private data;
4993		-	155.29 (4) to an agent of the welfare system and an or investigator acting on behalf of a county,
4994		-	155.30the state, or the federal government, including a law enforcement person or attorney in the
4995		-	155Article 6 Section 1.
4996		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 156.1investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
4997		-	156.2administration of a program;
4998		-	156.3 (5) to personnel of the welfare system who require the data to verify an individual's
4999		-	156.4identity; determine eligibility, amount of assistance, and the need to provide services to an
5000		-	156.5individual or family across programs; coordinate services for an individual or family;
5001		-	156.6evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
5002		-	156.7suspected fraud;
5003		-	156.8 (6) to administer federal funds or programs;
5004		-	156.9 (7) between personnel of the welfare system working in the same program;
5005		-	156.10 (8) to the Department of Revenue to administer and evaluate tax refund or tax credit
5006		-	156.11programs and to identify individuals who may benefit from these programs, and prepare
5007		-	156.12the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
5008		-	156.1317, section 6. The following information may be disclosed under this paragraph: an
5009		-	156.14individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
5010		-	156.15identification numbers, income, addresses, and other data as required, upon request by the
5011		-	156.16Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
5012		-	156.17of human services for the purposes described in this clause are governed by section 270B.14,
5013		-	156.18subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
5014		-	156.19care credit under section 290.067, the Minnesota working family credit under section
5015		-	156.20290.0671, the property tax refund under section 290A.04, and the Minnesota education
5016		-	156.21credit under section 290.0674;
5017		-	156.22 (9) between the Department of Human Services; the Department of Employment and
5018		-	156.23Economic Development; the Department of Children, Youth, and Families; Direct Care and
5019		-	156.24Treatment; and, when applicable, the Department of Education, for the following purposes:
5020		-	156.25 (i) to monitor the eligibility of the data subject for unemployment benefits, for any
5021		-	156.26employment or training program administered, supervised, or certified by that agency;
5022		-	156.27 (ii) to administer any rehabilitation program or child care assistance program, whether
5023		-	156.28alone or in conjunction with the welfare system;
5024		-	156.29 (iii) to monitor and evaluate the Minnesota family investment program or the child care
5025		-	156.30assistance program by exchanging data on recipients and former recipients of Supplemental
5026		-	156.31Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
5027		-	156.32256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
5028		-	156.33256B or 256L; and
5029		-	156Article 6 Section 1.
5030		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 157.1 (iv) to analyze public assistance employment services and program utilization, cost,
5031		-	157.2effectiveness, and outcomes as implemented under the authority established in Title II,
5032		-	157.3Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
5033		-	157.4Health records governed by sections 144.291 to 144.298 and "protected health information"
5034		-	157.5as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
5035		-	157.6of Federal Regulations, title 45, parts 160-164, including health care claims utilization
5036		-	157.7information, must not be exchanged under this clause;
5037		-	157.8 (10) to appropriate parties in connection with an emergency if knowledge of the
5038		-	157.9information is necessary to protect the health or safety of the individual or other individuals
5039		-	157.10or persons;
5040		-	157.11 (11) data maintained by residential programs as defined in section 245A.02 may be
5041		-	157.12disclosed to the protection and advocacy system established in this state according to Part
5042		-	157.13C of Public Law 98-527 to protect the legal and human rights of persons with developmental
5043		-	157.14disabilities or other related conditions who live in residential facilities for these persons if
5044		-	157.15the protection and advocacy system receives a complaint by or on behalf of that person and
5045		-	157.16the person does not have a legal guardian or the state or a designee of the state is the legal
5046		-	157.17guardian of the person;
5047		-	157.18 (12) to the county medical examiner or the county coroner for identifying or locating
5048		-	157.19relatives or friends of a deceased person;
5049		-	157.20 (13) data on a child support obligor who makes payments to the public agency may be
5050		-	157.21disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
5051		-	157.22eligibility under section 136A.121, subdivision 2, clause (5);
5052		-	157.23 (14) participant Social Security or individual taxpayer identification numbers and names
5053		-	157.24collected by the telephone assistance program may be disclosed to the Department of
5054		-	157.25Revenue to conduct an electronic data match with the property tax refund database to
5055		-	157.26determine eligibility under section 237.70, subdivision 4a;
5056		-	157.27 (15) the current address of a Minnesota family investment program participant may be
5057		-	157.28disclosed to law enforcement officers who provide the name of the participant and notify
5058		-	157.29the agency that:
5059		-	157.30 (i) the participant:
5060		-	157.31 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
5061		-	157.32conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
5062		-	157.33jurisdiction from which the individual is fleeing; or
5063		-	157Article 6 Section 1.
5064		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 158.1 (B) is violating a condition of probation or parole imposed under state or federal law;
5065		-	158.2 (ii) the location or apprehension of the felon is within the law enforcement officer's
5066		-	158.3official duties; and
5067		-	158.4 (iii) the request is made in writing and in the proper exercise of those duties;
5068		-	158.5 (16) the current address of a recipient of general assistance may be disclosed to probation
5069		-	158.6officers and corrections agents who are supervising the recipient and to law enforcement
5070		-	158.7officers who are investigating the recipient in connection with a felony level offense;
5071		-	158.8 (17) information obtained from a SNAP applicant or recipient households may be
5072		-	158.9disclosed to local, state, or federal law enforcement officials, upon their written request, for
5073		-	158.10the purpose of investigating an alleged violation of the Food and Nutrition Act, according
5074		-	158.11to Code of Federal Regulations, title 7, section 272.1(c);
5075		-	158.12 (18) the address, Social Security or individual taxpayer identification number, and, if
5076		-	158.13available, photograph of any member of a household receiving SNAP benefits shall be made
5077		-	158.14available, on request, to a local, state, or federal law enforcement officer if the officer
5078		-	158.15furnishes the agency with the name of the member and notifies the agency that:
5079		-	158.16 (i) the member:
5080		-	158.17 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
5081		-	158.18crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
5082		-	158.19 (B) is violating a condition of probation or parole imposed under state or federal law;
5083		-	158.20or
5084		-	158.21 (C) has information that is necessary for the officer to conduct an official duty related
5085		-	158.22to conduct described in subitem (A) or (B);
5086		-	158.23 (ii) locating or apprehending the member is within the officer's official duties; and
5087		-	158.24 (iii) the request is made in writing and in the proper exercise of the officer's official duty;
5088		-	158.25 (19) the current address of a recipient of Minnesota family investment program, general
5089		-	158.26assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
5090		-	158.27provide the name of the recipient and notify the agency that the recipient is a person required
5091		-	158.28to register under section 243.166, but is not residing at the address at which the recipient is
5092		-	158.29registered under section 243.166;
5093		-	158.30 (20) certain information regarding child support obligors who are in arrears may be
5094		-	158.31made public according to section 518A.74;
5095		-	158Article 6 Section 1.
5096		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 159.1 (21) data on child support payments made by a child support obligor and data on the
5097		-	159.2distribution of those payments excluding identifying information on obligees may be
5098		-	159.3disclosed to all obligees to whom the obligor owes support, and data on the enforcement
5099		-	159.4actions undertaken by the public authority, the status of those actions, and data on the income
5100		-	159.5of the obligor or obligee may be disclosed to the other party;
5101		-	159.6 (22) data in the work reporting system may be disclosed under section 142A.29,
5102		-	159.7subdivision 7;
5103		-	159.8 (23) to the Department of Education for the purpose of matching Department of Education
5104		-	159.9student data with public assistance data to determine students eligible for free and
5105		-	159.10reduced-price meals, meal supplements, and free milk according to United States Code,
5106		-	159.11title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
5107		-	159.12funds that are distributed based on income of the student's family; and to verify receipt of
5108		-	159.13energy assistance for the telephone assistance plan;
5109		-	159.14 (24) the current address and telephone number of program recipients and emergency
5110		-	159.15contacts may be released to the commissioner of health or a community health board as
5111		-	159.16defined in section 145A.02, subdivision 5, when the commissioner or community health
5112		-	159.17board has reason to believe that a program recipient is a disease case, carrier, suspect case,
5113		-	159.18or at risk of illness, and the data are necessary to locate the person;
5114		-	159.19 (25) to other state agencies, statewide systems, and political subdivisions of this state,
5115		-	159.20including the attorney general, and agencies of other states, interstate information networks,
5116		-	159.21federal agencies, and other entities as required by federal regulation or law for the
5117		-	159.22administration of the child support enforcement program;
5118		-	159.23 (26) to personnel of public assistance programs as defined in section 518A.81, for access
5119		-	159.24to the child support system database for the purpose of administration, including monitoring
5120		-	159.25and evaluation of those public assistance programs;
5121		-	159.26 (27) to monitor and evaluate the Minnesota family investment program by exchanging
5122		-	159.27data between the Departments of Human Services; Children, Youth, and Families; and
5123		-	159.28Education, on recipients and former recipients of SNAP benefits, cash assistance under
5124		-	159.29chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
5125		-	159.30programs under chapter 256B or 256L, or a medical program formerly codified under chapter
5126		-	159.31256D;
5127		-	159.32 (28) to evaluate child support program performance and to identify and prevent fraud
5128		-	159.33in the child support program by exchanging data between the Department of Human Services;
5129		-	159.34Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
5130		-	159Article 6 Section 1.
5131		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 160.1subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
5132		-	160.2(c); Department of Health; Department of Employment and Economic Development; and
5133		-	160.3other state agencies as is reasonably necessary to perform these functions;
5134		-	160.4 (29) counties and the Department of Children, Youth, and Families operating child care
5135		-	160.5assistance programs under chapter 142E may disseminate data on program participants,
5136		-	160.6applicants, and providers to the commissioner of education;
5137		-	160.7 (30) child support data on the child, the parents, and relatives of the child may be
5138		-	160.8disclosed to agencies administering programs under titles IV-B and IV-E of the Social
5139		-	160.9Security Act, as authorized by federal law;
5140		-	160.10 (31) to a health care provider governed by sections 144.291 to 144.298, to the extent
5141		-	160.11necessary to coordinate services;
5142		-	160.12 (32) to the chief administrative officer of a school to coordinate services for a student
5143		-	160.13and family; data that may be disclosed under this clause are limited to name, date of birth,
5144		-	160.14gender, and address;
5145		-	160.15 (33) to county correctional agencies to the extent necessary to coordinate services and
5146		-	160.16diversion programs; data that may be disclosed under this clause are limited to name, client
5147		-	160.17demographics, program, case status, and county worker information; or
5148		-	160.18 (34) between the Department of Human Services and the Metropolitan Council for the
5149		-	160.19following purposes:
5150		-	160.20 (i) to coordinate special transportation service provided under section 473.386 with
5151		-	160.21services for people with disabilities and elderly individuals funded by or through the
5152		-	160.22Department of Human Services; and
5153		-	160.23 (ii) to provide for reimbursement of special transportation service provided under section
5154		-	160.24473.386.
5155		-	160.25The data that may be shared under this clause are limited to the individual's first, last, and
5156		-	160.26middle names; date of birth; residential address; and program eligibility status with expiration
5157		-	160.27date for the purposes of informing the other party of program eligibility.
5158		-	160.28 (b) Information on persons who have been treated for substance use disorder may only
5159		-	160.29be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
5160		-	160.302.1 to 2.67.
5161		-	160.31 (c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
5162		-	160.32(17), or (18), or paragraph (b), are investigative data and are confidential or protected
5163		-	160Article 6 Section 1.
5164		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 161.1nonpublic while the investigation is active. The data are private after the investigation
5165		-	161.2becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
5166		-	161.3 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
5167		-	161.4not subject to the access provisions of subdivision 10, paragraph (b).
5168		-	161.5 For the purposes of this subdivision, a request will be deemed to be made in writing if
5169		-	161.6made through a computer interface system.
5170		-	161.7Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
5171		-	161.8 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services,
5172		-	161.9licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
5173		-	161.10system in an investigation, authorized by statute, and relating to the enforcement of rules
5174		-	161.11or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
5175		-	161.12protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
5176		-	161.13shall not be disclosed except:
5177		-	161.14 (1) pursuant to section 13.05;
5178		-	161.15 (2) pursuant to statute or valid court order;
5179		-	161.16 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for
5180		-	161.17preparation of defense;
5181		-	161.18 (4) to an agent of the welfare system or an investigator acting on behalf of a county,
5182		-	161.19state, or federal government, including a law enforcement officer or attorney in the
5183		-	161.20investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
5184		-	161.21commissioner of human services or commissioner of children, youth, and families determines
5185		-	161.22that disclosure may compromise a Department of Human Services or Department of Children,
5186		-	161.23Youth, and Families ongoing investigation; or
5187		-	161.24 (5) to provide notices required or permitted by statute.
5188		-	161.25 The data referred to in this subdivision shall be classified as public data upon submission
5189		-	161.26to an administrative law judge or court in an administrative or judicial proceeding. Inactive
5190		-	161.27welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
5191		-	161.28 (b) Notwithstanding any other provision in law, the commissioner of human services
5192		-	161.29shall provide all active and inactive investigative data, including the name of the reporter
5193		-	161.30of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
5194		-	161.31mental health and developmental disabilities upon the request of the ombudsman.
5195		-	161Article 6 Sec. 2.
5196		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 162.1 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
5197		-	162.2by the commissioner of human services of possible overpayments of public funds to a service
5198		-	162.3provider or recipient or the reduction or withholding of payments may be disclosed if the
5199		-	162.4commissioner determines that it will not compromise the investigation.
5200		-	162.5 EFFECTIVE DATE.This section is effective July 1, 2025.
5201		-	162.6Sec. 3. Minnesota Statutes 2024, section 245.095, subdivision 5, is amended to read:
5202		-	162.7 Subd. 5.Withholding of payments.(a) Except as otherwise provided by state or federal
5203		-	162.8law, the commissioner may withhold payments to a provider, vendor, individual, associated
5204		-	162.9individual, or associated entity in any program administered by the commissioner if the
5205		-	162.10commissioner determines:
5206		-	162.11 (1) there is a credible allegation of fraud for which an investigation is pending for a
5207		-	162.12program administered by a Minnesota state or federal agency.;
5208		-	162.13 (2) the individual, the entity, or an associated individual or entity was convicted of a
5209		-	162.14crime charged in state or federal court with an offense that involves fraud or theft against
5210		-	162.15a program administered by the commissioner or another Minnesota state or federal agency.
5211		-	162.16For purposes of this subdivision, "convicted" means a judgment of conviction has been
5212		-	162.17entered by a federal, state, or local court, regardless of whether an appeal from the judgment
5213		-	162.18is pending, and includes a stay of adjudication, a court-ordered diversion program, or a plea
5214		-	162.19of guilty or nolo contendere;
5215		-	162.20 (3) the provider is operating after a Minnesota state or federal agency orders the
5216		-	162.21suspension, revocation, or decertification of the provider's license;
5217		-	162.22 (4) the provider, vendor, associated individual, or associated entity, including those
5218		-	162.23receiving funds under any contract or registered program, has a background study
5219		-	162.24disqualification under chapter 245C that has not been set aside and for which no variance
5220		-	162.25has been issued, except for a disqualification under sections 245C.14, subdivision 5, and
5221		-	162.26245C.15, subdivision 4c; or
5222		-	162.27 (5) by a preponderance of the evidence that the provider, vendor, individual, associated
5223		-	162.28individual, or associated entity intentionally provided materially false information on the
5224		-	162.29provider's billing forms.
5225		-	162.30 (b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
5226		-	162.31that has been verified by the commissioner from any source, including but not limited to:
5227		-	162.32 (1) fraud hotline complaints;
5228		-	162Article 6 Sec. 3.
5229		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 163.1 (2) claims data mining;
5230		-	163.2 (3) patterns identified through provider audits, civil false claims cases, and law
5231		-	163.3enforcement investigations; and
5232		-	163.4 (4) court filings and other legal documents, including but not limited to police reports,
5233		-	163.5complaints, indictments, informations, affidavits, declarations, and search warrants.
5234		-	163.6 (c) The commissioner must send notice of the withholding of payments within five days
5235		-	163.7of taking such action. The notice must:
5236		-	163.8 (1) state that payments are being withheld according to this subdivision;
5237		-	163.9 (2) set forth the general allegations related to the withholding action, except the notice
5238		-	163.10need not disclose specific information concerning an ongoing investigation;
5239		-	163.11 (3) state that the withholding is for a temporary period and cite the circumstances under
5240		-	163.12which the withholding will be terminated; and
5241		-	163.13 (4) inform the provider, vendor, individual, associated individual, or associated entity
5242		-	163.14of the right to submit written evidence to contest the withholding action for consideration
5243		-	163.15by the commissioner.
5244		-	163.16 (d) If the commissioner withholds payments under this subdivision, the provider, vendor,
5245		-	163.17individual, associated individual, or associated entity has a right to request administrative
5246		-	163.18reconsideration. A request for administrative reconsideration must be made in writing, state
5247		-	163.19with specificity the reasons the payment withholding decision is in error, and include
5248		-	163.20documents to support the request. Within 60 days from receipt of the request, the
5249		-	163.21commissioner shall judiciously review allegations, facts, evidence available to the
5250		-	163.22commissioner, and information submitted by the provider, vendor, individual, associated
5251		-	163.23individual, or associated entity to determine whether the payment withholding should remain
5252		-	163.24in place.
5253		-	163.25 (e) The commissioner shall stop withholding payments if the commissioner determines
5254		-	163.26there is insufficient evidence of fraud by the provider, vendor, individual, associated
5255		-	163.27individual, or associated entity or when legal proceedings relating to the alleged fraud are
5256		-	163.28completed, unless the commissioner has sent notice under subdivision 3 to the provider,
5257		-	163.29vendor, individual, associated individual, or associated entity.
5258		-	163.30 (f) The withholding of payments is a temporary action and is not subject to appeal under
5259		-	163.31section 256.045 or chapter 14.
5260		-	163.32 EFFECTIVE DATE.This section is effective July 1, 2025.
5261		-	163Article 6 Sec. 3.
5262		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 164.1Sec. 4. Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision to
5263		-	164.2read:
5264		-	164.3 Subd. 6.Data practices.The commissioner may exchange information, including claims
5265		-	164.4data, with state or federal agencies, professional boards, departments, or programs for the
5266		-	164.5purpose of investigating or prosecuting a criminal, civil, or administrative proceeding related
5267		-	164.6to suspected fraud or exclusion from any program administered by a state or federal agency.
5268		-	164.7Sec. 5. Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
5269		-	164.8read:
5270		-	164.9 Subd. 7a.Discretionary temporary licensing moratorium.(a) The commissioner must
5271		-	164.10not issue an initial license for an individual, organization, or government entity seeking
5272		-	164.11licensure under this chapter and must not add a new service to an existing license when the
5273		-	164.12commissioner determines that exceptional growth in applications for licensure or requests
5274		-	164.13to add new services exceeds the determined need for service capacity. A temporary licensing
5275		-	164.14moratorium issued under this subdivision is effective for a period of up to 24 months from
5276		-	164.15the date the commissioner issues the moratorium.
5277		-	164.16 (b) Any applicant that will not receive a license due to a temporary licensing moratorium
5278		-	164.17issued under paragraph (a) may apply for a refund of licensing application fees for up to
5279		-	164.18one year from the date the commissioner issues the moratorium.
5280		-	164.19 (c) The commissioner must notify the chairs and ranking minority members of the
5281		-	164.20legislative committees with jurisdiction over health and human services at least 30 days
5282		-	164.21prior to issuing a temporary moratorium under this subdivision and publish notice of the
5283		-	164.22moratorium on the department's website. The notice must include:
5284		-	164.23 (1) a list of all license types to which the moratorium will apply;
5285		-	164.24 (2) the proposed start date of the moratorium; and
5286		-	164.25 (3) the anticipated duration of the moratorium.
5287		-	164.26 (d) The commissioner must establish and make publicly available the processes and
5288		-	164.27criteria the commissioner will use to grant exceptions to a temporary moratorium issued
5289		-	164.28under this subdivision.
5290		-	164.29Sec. 6. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read:
5291		-	164.30 Subdivision 1.Application for licensure.(a) An individual, organization, or government
5292		-	164.31entity that is subject to licensure under section 245A.03 must apply for a license. The
5293		-	164Article 6 Sec. 6.
5294		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 165.1application must be made on the forms and in the manner prescribed by the commissioner.
5295		-	165.2The commissioner shall provide the applicant with instruction in completing the application
5296		-	165.3and provide information about the rules and requirements of other state agencies that affect
5297		-	165.4the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
5298		-	165.5Minnesota must have a program office located within 30 miles of the Minnesota border.
5299		-	165.6An applicant who intends to buy or otherwise acquire a program or services licensed under
5300		-	165.7this chapter that is owned by another license holder must apply for a license under this
5301		-	165.8chapter and comply with the application procedures in this section and section 245A.043.
5302		-	165.9 The commissioner shall act on the application within 90 working days after a complete
5303		-	165.10application and any required reports have been received from other state agencies or
5304		-	165.11departments, counties, municipalities, or other political subdivisions. The commissioner
5305		-	165.12shall not consider an application to be complete until the commissioner receives all of the
5306		-	165.13required information. If the applicant or a controlling individual is the subject of a pending
5307		-	165.14administrative, civil, or criminal investigation, the application is not complete until the
5308		-	165.15investigation has closed or the related legal proceedings are complete.
5309		-	165.16 When the commissioner receives an application for initial licensure that is incomplete
5310		-	165.17because the applicant failed to submit required documents or that is substantially deficient
5311		-	165.18because the documents submitted do not meet licensing requirements, the commissioner
5312		-	165.19shall provide the applicant written notice that the application is incomplete or substantially
5313		-	165.20deficient. In the written notice to the applicant the commissioner shall identify documents
5314		-	165.21that are missing or deficient and give the applicant 45 days to resubmit a second application
5315		-	165.22that is substantially complete. An applicant's failure to submit a substantially complete
5316		-	165.23application after receiving notice from the commissioner is a basis for license denial under
5317		-	165.24section 245A.043.
5318		-	165.25 (b) An application for licensure must identify all controlling individuals as defined in
5319		-	165.26section 245A.02, subdivision 5a, and must designate one individual to be the authorized
5320		-	165.27agent. The application must be signed by the authorized agent and must include the authorized
5321		-	165.28agent's first, middle, and last name; mailing address; and email address. By submitting an
5322		-	165.29application for licensure, the authorized agent consents to electronic communication with
5323		-	165.30the commissioner throughout the application process. The authorized agent must be
5324		-	165.31authorized to accept service on behalf of all of the controlling individuals. A government
5325		-	165.32entity that holds multiple licenses under this chapter may designate one authorized agent
5326		-	165.33for all licenses issued under this chapter or may designate a different authorized agent for
5327		-	165.34each license. Service on the authorized agent is service on all of the controlling individuals.
5328		-	165.35It is not a defense to any action arising under this chapter that service was not made on each
5329		-	165Article 6 Sec. 6.
5330		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 166.1controlling individual. The designation of a controlling individual as the authorized agent
5331		-	166.2under this paragraph does not affect the legal responsibility of any other controlling individual
5332		-	166.3under this chapter.
5333		-	166.4 (c) An applicant or license holder must have a policy that prohibits license holders,
5334		-	166.5employees, subcontractors, and volunteers, when directly responsible for persons served
5335		-	166.6by the program, from abusing prescription medication or being in any manner under the
5336		-	166.7influence of a chemical that impairs the individual's ability to provide services or care. The
5337		-	166.8license holder must train employees, subcontractors, and volunteers about the program's
5338		-	166.9drug and alcohol policy.
5339		-	166.10 (d) An applicant and license holder must have a program grievance procedure that permits
5340		-	166.11persons served by the program and their authorized representatives to bring a grievance to
5341		-	166.12the highest level of authority in the program.
5342		-	166.13 (e) The commissioner may limit communication during the application process to the
5343		-	166.14authorized agent or the controlling individuals identified on the license application and for
5344		-	166.15whom a background study was initiated under chapter 245C. Upon implementation of the
5345		-	166.16provider licensing and reporting hub, applicants and license holders must use the hub in the
5346		-	166.17manner prescribed by the commissioner. The commissioner may require the applicant,
5347		-	166.18except for child foster care, to demonstrate competence in the applicable licensing
5348		-	166.19requirements by successfully completing a written examination. The commissioner may
5349		-	166.20develop a prescribed written examination format.
5350		-	166.21 (f) When an applicant is an individual, the applicant must provide:
5351		-	166.22 (1) the applicant's taxpayer identification numbers including the Social Security number
5352		-	166.23or Minnesota tax identification number, and federal employer identification number if the
5353		-	166.24applicant has employees;
5354		-	166.25 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
5355		-	166.26of state that includes the complete business name, if any;
5356		-	166.27 (3) if doing business under a different name, the doing business as (DBA) name, as
5357		-	166.28registered with the secretary of state;
5358		-	166.29 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
5359		-	166.30Minnesota Provider Identifier (UMPI) number; and
5360		-	166.31 (5) at the request of the commissioner, the notarized signature of the applicant or
5361		-	166.32authorized agent.
5362		-	166.33 (g) When an applicant is an organization, the applicant must provide:
5363		-	166Article 6 Sec. 6.
5364		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 167.1 (1) the applicant's taxpayer identification numbers including the Minnesota tax
5365		-	167.2identification number and federal employer identification number;
5366		-	167.3 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
5367		-	167.4of state that includes the complete business name, and if doing business under a different
5368		-	167.5name, the doing business as (DBA) name, as registered with the secretary of state;
5369		-	167.6 (3) the first, middle, and last name, and address for all individuals who will be controlling
5370		-	167.7individuals, including all officers, owners, and managerial officials as defined in section
5371		-	167.8245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
5372		-	167.9for each controlling individual;
5373		-	167.10 (4) if applicable, the applicant's NPI number and UMPI number;
5374		-	167.11 (5) the documents that created the organization and that determine the organization's
5375		-	167.12internal governance and the relations among the persons that own the organization, have
5376		-	167.13an interest in the organization, or are members of the organization, in each case as provided
5377		-	167.14or authorized by the organization's governing statute, which may include a partnership
5378		-	167.15agreement, bylaws, articles of organization, organizational chart, and operating agreement,
5379		-	167.16or comparable documents as provided in the organization's governing statute; and
5380		-	167.17 (6) the notarized signature of the applicant or authorized agent.
5381		-	167.18 (h) When the applicant is a government entity, the applicant must provide:
5382		-	167.19 (1) the name of the government agency, political subdivision, or other unit of government
5383		-	167.20seeking the license and the name of the program or services that will be licensed;
5384		-	167.21 (2) the applicant's taxpayer identification numbers including the Minnesota tax
5385		-	167.22identification number and federal employer identification number;
5386		-	167.23 (3) a letter signed by the manager, administrator, or other executive of the government
5387		-	167.24entity authorizing the submission of the license application; and
5388		-	167.25 (4) if applicable, the applicant's NPI number and UMPI number.
5389		-	167.26 (i) At the time of application for licensure or renewal of a license under this chapter, the
5390		-	167.27applicant or license holder must acknowledge on the form provided by the commissioner
5391		-	167.28if the applicant or license holder elects to receive any public funding reimbursement from
5392		-	167.29the commissioner for services provided under the license that:
5393		-	167.30 (1) the applicant's or license holder's compliance with the provider enrollment agreement
5394		-	167.31or registration requirements for receipt of public funding may be monitored by the
5395		-	167.32commissioner as part of a licensing investigation or licensing inspection; and
5396		-	167Article 6 Sec. 6.
5397		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 168.1 (2) noncompliance with the provider enrollment agreement or registration requirements
5398		-	168.2for receipt of public funding that is identified through a licensing investigation or licensing
5399		-	168.3inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
5400		-	168.4reimbursement for a service, may result in:
5401		-	168.5 (i) a correction order or a conditional license under section 245A.06, or sanctions under
5402		-	168.6section 245A.07;
5403		-	168.7 (ii) nonpayment of claims submitted by the license holder for public program
5404		-	168.8reimbursement;
5405		-	168.9 (iii) recovery of payments made for the service;
5406		-	168.10 (iv) disenrollment in the public payment program; or
5407		-	168.11 (v) other administrative, civil, or criminal penalties as provided by law.
5408		-	168.12Sec. 7. Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read:
5409		-	168.13 Subd. 7.Grant of license; license extension.(a) If the commissioner determines that
5410		-	168.14the program complies with all applicable rules and laws, the commissioner shall issue a
5411		-	168.15license consistent with this section or, if applicable, a temporary change of ownership license
5412		-	168.16under section 245A.043. At minimum, the license shall state:
5413		-	168.17 (1) the name of the license holder;
5414		-	168.18 (2) the address of the program;
5415		-	168.19 (3) the effective date and expiration date of the license;
5416		-	168.20 (4) the type of license, and the specific service the license holder is licensed to provide;
5417		-	168.21 (5) the maximum number and ages of persons that may receive services from the program;
5418		-	168.22and
5419		-	168.23 (6) any special conditions of licensure.
5420		-	168.24 (b) The commissioner may issue a license for a period not to exceed two years if:
5421		-	168.25 (1) the commissioner is unable to conduct the observation required by subdivision 4,
5422		-	168.26paragraph (a), clause (3), because the program is not yet operational;
5423		-	168.27 (2) certain records and documents are not available because persons are not yet receiving
5424		-	168.28services from the program; and
5425		-	168.29 (3) the applicant complies with applicable laws and rules in all other respects.
5426		-	168Article 6 Sec. 7.
5427		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 169.1 (c) A decision by the commissioner to issue a license does not guarantee that any person
5428		-	169.2or persons will be placed or cared for in the licensed program.
5429		-	169.3 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
5430		-	169.4license if the applicant, license holder, or an affiliated controlling individual has:
5431		-	169.5 (1) been disqualified and the disqualification was not set aside and no variance has been
5432		-	169.6granted;
5433		-	169.7 (2) been denied a license under this chapter or chapter 142B within the past two years;
5434		-	169.8 (3) had a license issued under this chapter or chapter 142B revoked within the past five
5435		-	169.9years; or
5436		-	169.10 (4) failed to submit the information required of an applicant under subdivision 1,
5437		-	169.11paragraph (f), (g), or (h), after being requested by the commissioner.
5438		-	169.12 When a license issued under this chapter or chapter 142B is revoked, the license holder
5439		-	169.13and each affiliated controlling individual with a revoked license may not hold any license
5440		-	169.14under chapter 245A for five years following the revocation, and other licenses held by the
5441		-	169.15applicant or license holder or licenses affiliated with each controlling individual shall also
5442		-	169.16be revoked.
5443		-	169.17 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
5444		-	169.18affiliated with a license holder or controlling individual that had a license revoked within
5445		-	169.19the past five years if the commissioner determines that (1) the license holder or controlling
5446		-	169.20individual is operating the program in substantial compliance with applicable laws and rules
5447		-	169.21and (2) the program's continued operation is in the best interests of the community being
5448		-	169.22served.
5449		-	169.23 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
5450		-	169.24to an application that is affiliated with an applicant, license holder, or controlling individual
5451		-	169.25that had an application denied within the past two years or a license revoked within the past
5452		-	169.26five years if the commissioner determines that (1) the applicant or controlling individual
5453		-	169.27has operated one or more programs in substantial compliance with applicable laws and rules
5454		-	169.28and (2) the program's operation would be in the best interests of the community to be served.
5455		-	169.29 (g) In determining whether a program's operation would be in the best interests of the
5456		-	169.30community to be served, the commissioner shall consider factors such as the number of
5457		-	169.31persons served, the availability of alternative services available in the surrounding
5458		-	169.32community, the management structure of the program, whether the program provides
5459		-	169.33culturally specific services, and other relevant factors.
5460		-	169Article 6 Sec. 7.
5461		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 170.1 (h) The commissioner shall not issue or reissue a license under this chapter if an individual
5462		-	170.2living in the household where the services will be provided as specified under section
5463		-	170.3245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
5464		-	170.4and no variance has been granted.
5465		-	170.5 (i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
5466		-	170.6under this chapter has been suspended or revoked and the suspension or revocation is under
5467		-	170.7appeal, the program may continue to operate pending a final order from the commissioner.
5468		-	170.8If the license under suspension or revocation will expire before a final order is issued, a
5469		-	170.9temporary provisional license may be issued provided any applicable license fee is paid
5470		-	170.10before the temporary provisional license is issued.
5471		-	170.11 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
5472		-	170.12a controlling individual or license holder, and the controlling individual or license holder
5473		-	170.13is ordered under section 245C.17 to be immediately removed from direct contact with
5474		-	170.14persons receiving services or is ordered to be under continuous, direct supervision when
5475		-	170.15providing direct contact services, the program may continue to operate only if the program
5476		-	170.16complies with the order and submits documentation demonstrating compliance with the
5477		-	170.17order. If the disqualified individual fails to submit a timely request for reconsideration, or
5478		-	170.18if the disqualification is not set aside and no variance is granted, the order to immediately
5479		-	170.19remove the individual from direct contact or to be under continuous, direct supervision
5480		-	170.20remains in effect pending the outcome of a hearing and final order from the commissioner.
5481		-	170.21 (k) Unless otherwise specified by statute, all licenses issued under this chapter expire
5482		-	170.22at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
5483		-	170.23apply for and be granted a new license to operate the program or the program must not be
5484		-	170.24operated after the expiration date.
5485		-	170.25 (l) The commissioner shall not issue or reissue a license under this chapter if it has been
5486		-	170.26determined that a Tribal licensing authority has established jurisdiction to license the program
5487		-	170.27or service.
5488		-	170.28 (m) The commissioner of human services may coordinate and share data with the
5489		-	170.29commissioner of children, youth, and families to enforce this section.
5490		-	170Article 6 Sec. 7.
5491		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 171.1Sec. 8. Minnesota Statutes 2024, section 245A.043, is amended by adding a subdivision
5492		-	171.2to read:
5493		-	171.3 Subd. 2a.Review of change in ownership.(a) After a change in ownership under
5494		-	171.4subdivision 2, paragraph (a), the commissioner may complete a review for all new license
5495		-	171.5holders within 12 months after the new license is issued.
5496		-	171.6 (b) For all license holders subject to the exception in subdivision 2, paragraph (b), the
5497		-	171.7license holder must notify the commissioner of the date of the change in controlling
5498		-	171.8individuals pursuant to section 245A.04, subdivision 7a, and the commissioner may complete
5499		-	171.9a review within 12 months following the change.
5500		-	171.10Sec. 9. Minnesota Statutes 2024, section 245A.05, is amended to read:
5501		-	171.11 245A.05 DENIAL OF APPLICATION.
5502		-	171.12 (a) The commissioner may deny a license if an applicant or controlling individual:
5503		-	171.13 (1) fails to submit a substantially complete application after receiving notice from the
5504		-	171.14commissioner under section 245A.04, subdivision 1;
5505		-	171.15 (2) fails to comply with applicable laws or rules;
5506		-	171.16 (3) knowingly withholds relevant information from or gives false or misleading
5507		-	171.17information to the commissioner in connection with an application for a license or during
5508		-	171.18an investigation;
5509		-	171.19 (4) has a disqualification that has not been set aside under section 245C.22 and no
5510		-	171.20variance has been granted;
5511		-	171.21 (5) has an individual living in the household who received a background study under
5512		-	171.22section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
5513		-	171.23has not been set aside under section 245C.22, and no variance has been granted;
5514		-	171.24 (6) is associated with an individual who received a background study under section
5515		-	171.25245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
5516		-	171.26children or vulnerable adults, and who has a disqualification that has not been set aside
5517		-	171.27under section 245C.22, and no variance has been granted;
5518		-	171.28 (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
5519		-	171.29 (8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
5520		-	171.306;
5521		-	171Article 6 Sec. 9.
5522		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 172.1 (9) has a history of noncompliance as a license holder or controlling individual with
5523		-	172.2applicable laws or rules, including but not limited to this chapter and chapters 142E and
5524		-	172.3245C; or
5525		-	172.4 (10) is prohibited from holding a license according to section 245.095; or
5526		-	172.5 (11) is the subject of a pending administrative, civil, or criminal investigation.
5527		-	172.6 (b) An applicant whose application has been denied by the commissioner must be given
5528		-	172.7notice of the denial, which must state the reasons for the denial in plain language. Notice
5529		-	172.8must be given by certified mail, by personal service, or through the provider licensing and
5530		-	172.9reporting hub. The notice must state the reasons the application was denied and must inform
5531		-	172.10the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
5532		-	172.11parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
5533		-	172.12commissioner in writing by certified mail, by personal service, or through the provider
5534		-	172.13licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the
5535		-	172.14commissioner within 20 calendar days after the applicant received the notice of denial. If
5536		-	172.15an appeal request is made by personal service, it must be received by the commissioner
5537		-	172.16within 20 calendar days after the applicant received the notice of denial. If the order is issued
5538		-	172.17through the provider hub, the appeal must be received by the commissioner within 20
5539		-	172.18calendar days from the date the commissioner issued the order through the hub. Section
5540		-	172.19245A.08 applies to hearings held to appeal the commissioner's denial of an application.
5541		-	172.20Sec. 10. Minnesota Statutes 2024, section 245A.07, subdivision 2, is amended to read:
5542		-	172.21 Subd. 2.Temporary immediate suspension.(a) The commissioner shall act immediately
5543		-	172.22to temporarily suspend a license issued under this chapter if:
5544		-	172.23 (1) the license holder's or controlling individual's actions or failure to comply with
5545		-	172.24applicable law or rule, or the actions of other individuals or conditions in the program, pose
5546		-	172.25an imminent risk of harm to the health, safety, or rights of persons served by the program;
5547		-	172.26 (2) while the program continues to operate pending an appeal of an order of revocation,
5548		-	172.27the commissioner identifies one or more subsequent violations of law or rule which may
5549		-	172.28adversely affect the health or safety of persons served by the program; or
5550		-	172.29 (3) the license holder or controlling individual is criminally charged in state or federal
5551		-	172.30court with an offense that involves fraud or theft against a program administered by the
5552		-	172.31commissioner a state or federal agency.
5553		-	172.32 (b) No state funds shall be made available or be expended by any agency or department
5554		-	172.33of state, county, or municipal government for use by a license holder regulated under this
5555		-	172Article 6 Sec. 10.
5556		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 173.1chapter while a license issued under this chapter is under immediate suspension. A notice
5557		-	173.2stating the reasons for the immediate suspension and informing the license holder of the
5558		-	173.3right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
5559		-	173.41400.8612, must be delivered by personal service to the address shown on the application
5560		-	173.5or the last known address of the license holder. The license holder may appeal an order
5561		-	173.6immediately suspending a license. The appeal of an order immediately suspending a license
5562		-	173.7must be made in writing by certified mail, personal service, or other means expressly set
5563		-	173.8forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to the
5564		-	173.9commissioner within five calendar days after the license holder receives notice that the
5565		-	173.10license has been immediately suspended. If a request is made by personal service, it must
5566		-	173.11be received by the commissioner within five calendar days after the license holder received
5567		-	173.12the order. A license holder and any controlling individual shall discontinue operation of the
5568		-	173.13program upon receipt of the commissioner's order to immediately suspend the license.
5569		-	173.14 (c) The commissioner may act immediately to temporarily suspend a license issued
5570		-	173.15under this chapter if the license holder or controlling individual is the subject of a pending
5571		-	173.16administrative, civil, or criminal investigation or subject to an administrative or civil action
5572		-	173.17related to fraud against a program administered by a state or federal agency.
5573		-	173.18Sec. 11. Minnesota Statutes 2024, section 245A.10, subdivision 2, is amended to read:
5574		-	173.19 Subd. 2.County fees for applications and licensing inspections.(a) For purposes of
5575		-	173.20adult foster care and child foster residence setting licensing, family adult day services,
5576		-	173.21family adult foster care, and licensing the physical plant of a community residential setting
5577		-	173.22or residential services facility, under this chapter, a county agency may charge a fee to a
5578		-	173.23corporate applicant or corporate license holder to recover the actual cost of licensing
5579		-	173.24inspections, not to exceed $500 $2,100 annually. Of this amount, 50 percent must be allocated
5580		-	173.25to the county agency and 50 percent must be deposited as required under subdivision 8.
5581		-	173.26 (b) Counties may elect to reduce or waive the fees in paragraph (a) under the following
5582		-	173.27circumstances:
5583		-	173.28 (1) in cases of financial hardship;
5584		-	173.29 (2) if the county has a shortage of providers in the county's area; or
5585		-	173.30 (3) for new providers.
5586		-	173Article 6 Sec. 11.
5587		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 174.1Sec. 12. Minnesota Statutes 2024, section 245A.10, subdivision 3, is amended to read:
5588		-	174.2 Subd. 3.Application fee for initial license or certification.(a) Except as provided in
5589		-	174.3paragraph (d), for fees required under subdivision 1, an applicant for an initial license or
5590		-	174.4certification issued by the commissioner shall submit a $500 $2,100 application fee with
5591		-	174.5each new application required under this subdivision. An applicant for an initial day services
5592		-	174.6facility license under chapter 245D shall submit a $250 application fee with each new
5593		-	174.7application. A new application fee must be submitted for each new license holder on the
5594		-	174.8license when a partial change of ownership occurs. The application fee shall not be prorated,
5595		-	174.9is nonrefundable, and is in lieu of the annual license or certification fee that expires on
5596		-	174.10December 31. The commissioner shall not process an application until the application fee
5597		-	174.11is paid.
5598		-	174.12 (b) Except as provided in paragraph (c), an applicant shall apply for a license to provide
5599		-	174.13services at a specific location.
5600		-	174.14 (c) For a license to provide home and community-based services to persons with
5601		-	174.15disabilities or age 65 and older under chapter 245D, an applicant shall submit an application
5602		-	174.16to provide services statewide.
5603		-	174.17 (d) For fees required under subdivision 1, an applicant for an initial license or certification
5604		-	174.18issued by the commissioner for children's residential facility or mental health clinic licensure
5605		-	174.19or certification shall submit a $500 application fee with each new application required under
5606		-	174.20this subdivision.
5607		-	174.21Sec. 13. Minnesota Statutes 2024, section 245A.10, subdivision 4, is amended to read:
5608		-	174.22 Subd. 4.License or certification fee for certain programs.(a)(1) A program licensed
5609		-	174.23to provide one or more of the home and community-based services and supports identified
5610		-	174.24under chapter 245D to persons with disabilities or age 65 and older, shall pay an annual
5611		-	174.25nonrefundable license fee based on revenues derived from the provision of services that
5612		-	174.26would require licensure under chapter 245D during the calendar year immediately preceding
5613		-	174.27the year in which the license fee is paid, according to the following schedule:
5614		-	License Fee174.28License Holder Annual Revenue
5615		-	174.29 $200
5616		-	$250174.30less than or equal to $10,000
5617		-	$300
5618		-	$375
5619		-	174.31greater than $10,000 but less than or
5620		-	174.32equal to $25,000
5621		-	$400
5622		-	$500
5623		-	174.33greater than $25,000 but less than or
5624		-	174.34equal to $50,000
5625		-	174Article 6 Sec. 13.
5626		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT $500
5627		-	$625
5628		-	175.1greater than $50,000 but less than or
5629		-	175.2equal to $100,000
5630		-	$600
5631		-	$750
5632		-	175.3greater than $100,000 but less than or
5633		-	175.4equal to $150,000
5634		-	$800
5635		-	$1,000
5636		-	175.5greater than $150,000 but less than or
5637		-	175.6equal to $200,000
5638		-	$1,000
5639		-	$1,250
5640		-	175.7greater than $200,000 but less than or
5641		-	175.8equal to $250,000
5642		-	$1,200
5643		-	$1,500
5644		-	175.9greater than $250,000 but less than or
5645		-	175.10equal to $300,000
5646		-	$1,400
5647		-	$1,750
5648		-	175.11greater than $300,000 but less than or
5649		-	175.12equal to $350,000
5650		-	$1,600
5651		-	$2,000
5652		-	175.13greater than $350,000 but less than or
5653		-	175.14equal to $400,000
5654		-	$1,800
5655		-	$2,250
5656		-	175.15greater than $400,000 but less than or
5657		-	175.16equal to $450,000
5658		-	$2,000
5659		-	$2,500
5660		-	175.17greater than $450,000 but less than or
5661		-	175.18equal to $500,000
5662		-	$2,250
5663		-	$2,850
5664		-	175.19greater than $500,000 but less than or
5665		-	175.20equal to $600,000
5666		-	$2,500
5667		-	$3,200
5668		-	175.21greater than $600,000 but less than or
5669		-	175.22equal to $700,000
5670		-	$2,750
5671		-	$3,600
5672		-	175.23greater than $700,000 but less than or
5673		-	175.24equal to $800,000
5674		-	$3,000
5675		-	$3,900
5676		-	175.25greater than $800,000 but less than or
5677		-	175.26equal to $900,000
5678		-	$3,250
5679		-	$4,250
5680		-	175.27greater than $900,000 but less than or
5681		-	175.28equal to $1,000,000
5682		-	$3,500
5683		-	$4,550
5684		-	175.29greater than $1,000,000 but less than or
5685		-	175.30equal to $1,250,000
5686		-	$3,750
5687		-	$4,900
5688		-	175.31greater than $1,250,000 but less than or
5689		-	175.32equal to $1,500,000
5690		-	$4,000
5691		-	$5,200
5692		-	175.33greater than $1,500,000 but less than or
5693		-	175.34equal to $1,750,000
5694		-	$4,250
5695		-	$5,500
5696		-	175.35greater than $1,750,000 but less than or
5697		-	175.36equal to $2,000,000
5698		-	$4,500
5699		-	$5,900
5700		-	175.37greater than $2,000,000 but less than or
5701		-	175.38equal to $2,500,000
5702		-	$4,750
5703		-	$6,200
5704		-	175.39greater than $2,500,000 but less than or
5705		-	175.40equal to $3,000,000
5706		-	$5,000
5707		-	$6,500
5708		-	175.41greater than $3,000,000 but less than or
5709		-	175.42equal to $3,500,000
5710		-	$5,500
5711		-	$7,200
5712		-	175.43greater than $3,500,000 but less than or
5713		-	175.44equal to $4,000,000
5714		-	$6,000
5715		-	$7,800
5716		-	175.45greater than $4,000,000 but less than or
5717		-	175.46equal to $4,500,000
5718		-	175Article 6 Sec. 13.
5719		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT $6,500
5720		-	$9,000
5721		-	176.1greater than $4,500,000 but less than or
5722		-	176.2equal to $5,000,000
5723		-	$7,000
5724		-	$10,000
5725		-	176.3greater than $5,000,000 but less than or
5726		-	176.4equal to $7,500,000
5727		-	$8,500
5728		-	$14,000
5729		-	176.5greater than $7,500,000 but less than or
5730		-	176.6equal to $10,000,000
5731		-	$10,000
5732		-	$18,000
5733		-	176.7greater than $10,000,000 but less than or
5734		-	176.8equal to $12,500,000
5735		-	$14,000
5736		-	$25,000
5737		-	176.9greater than $12,500,000 but less than or
5738		-	176.10equal to $15,000,000
5739		-	$18,000
5740		-	$28,000
5741		-	176.11greater than $15,000,000 but less than or
5742		-	176.12equal to $17,500,000
5743		-	$32,000
5744		-	176.13greater than $17,500,000 but less than
5745		-	176.14$20,000,000
5746		-	$36,000
5747		-	176.15greater than $20,000,000 but less than
5748		-	176.16$25,000,000
5749		-	$45,000
5750		-	176.17greater than $25,000,000 but less than
5751		-	176.18$30,000,000
5752		-	$55,000
5753		-	176.19greater than $30,000,000 but less than
5754		-	176.20$35,000,000
5755		-	$75,000176.21greater than $35,000,000
5756		-	176.22 (2) If requested, the license holder shall provide the commissioner information to verify
5757		-	176.23the license holder's annual revenues or other information as needed, including copies of
5758		-	176.24documents submitted to the Department of Revenue.
5759		-	176.25 (3) At each annual renewal, a license holder may elect to pay the highest renewal fee,
5760		-	176.26and not provide annual revenue information to the commissioner.
5761		-	176.27 (4) A license holder that knowingly provides the commissioner incorrect revenue amounts
5762		-	176.28for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount
5763		-	176.29of double the fee the provider should have paid.
5764		-	176.30 (b) A residential substance use disorder treatment program licensed under chapter 245G,
5765		-	176.31to provide substance use disorder treatment shall pay an annual nonrefundable license fee
5766		-	176.32based on the following schedule:
5767		-	License Fee176.33 Licensed Capacity
5768		-	176.34 $600
5769		-	$2,600176.35 1 to 24 persons
5770		-	176.36 $800
5771		-	$3,000176.37 25 to 49 persons
5772		-	176.38 $1,000
5773		-	$5,000176.39 50 to 74 persons
5774		-	176Article 6 Sec. 13.
5775		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 177.1 $1,200
5776		-	$10,000177.2 75 to 99 persons
5777		-	177.3 $1,400
5778		-	$15,000177.4 100 or more persons to 199 persons
5779		-	$20,000177.5 200 or more persons
5780		-	177.6 (c) A nonresidential substance use disorder treatment program licensed under chapter
5781		-	177.7245G to provide substance use disorder treatment shall pay an annual nonrefundable license
5782		-	177.8fee of $2,600.
5783		-	177.9 (c) (d) A detoxification program licensed under Minnesota Rules, parts 9530.6510 to
5784		-	177.109530.6590, or a withdrawal management program licensed under chapter 245F shall pay
5785		-	177.11an annual nonrefundable license fee based on the following schedule:
5786		-	License Fee177.12 Licensed Capacity
5787		-	177.13 $760
5788		-	$2,600177.14 1 to 24 persons
5789		-	177.15 $960
5790		-	$3,000177.16 25 to 49 persons
5791		-	177.17 $1,160
5792		-	$5,000177.18 50 or more persons
5793		-	177.19A detoxification program that also operates a withdrawal management program at the same
5794		-	177.20location shall only pay one fee based upon the licensed capacity of the program with the
5795		-	177.21higher overall capacity.
5796		-	177.22 (d) (e) A children's residential facility licensed under Minnesota Rules, chapter 2960,
5797		-	177.23to serve children shall pay an annual nonrefundable license fee based on the following
5798		-	177.24schedule:
5799		-	License Fee177.25 Licensed Capacity
5800		-	$1,000177.26 1 to 24 persons
5801		-	$1,100177.27 25 to 49 persons
5802		-	$1,200177.28 50 to 74 persons
5803		-	$1,300177.29 75 to 99 persons
5804		-	$1,400177.30 100 or more persons
5805		-	177.31 (e) (f) A residential facility licensed under section 245I.23 or Minnesota Rules, parts
5806		-	177.329520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual
5807		-	177.33nonrefundable license fee based on the following schedule:
5808		-	License Fee177.34 Licensed Capacity
5809		-	177.35 $2,525
5810		-	$2,600177.36 1 to 24 persons
5811		-	177Article 6 Sec. 13.
5812		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 178.1 $2,725
5813		-	$3,000178.2 25 or more persons to 49 persons
5814		-	$20,000178.3 50 or more persons
5815		-	178.4 (f) (g) A residential facility licensed under Minnesota Rules, parts 9570.2000 to
5816		-	178.59570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
5817		-	178.6license fee based on the following schedule:
5818		-	License Fee178.7 Licensed Capacity
5819		-	$450178.8 1 to 24 persons
5820		-	$650178.9 25 to 49 persons
5821		-	$850178.10 50 to 74 persons
5822		-	$1,050178.11 75 to 99 persons
5823		-	$1,250178.12 100 or more persons
5824		-	178.13 (g) (h) A program licensed as an adult day care center licensed under Minnesota Rules,
5825		-	178.14parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the
5826		-	178.15following schedule:
5827		-	License Fee178.16 Licensed Capacity
5828		-	$500178.17 1 to 24 persons
5829		-	$700178.18 25 to 49 persons
5830		-	$900178.19 50 to 74 persons
5831		-	$1,100178.20 75 to 99 persons
5832		-	$1,300178.21 100 or more persons
5833		-	178.22 (h) (i) A program licensed to provide treatment services to persons with sexual
5834		-	178.23psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
5835		-	178.249515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
5836		-	178.25 (i) (j) A mental health clinic certified under section 245I.20 shall pay an annual
5837		-	178.26nonrefundable certification fee of $1,550. If the mental health clinic provides services at a
5838		-	178.27primary location with satellite facilities, the satellite facilities shall be certified with the
5839		-	178.28primary location without an additional charge.
5840		-	178.29 (k) If a program subject to annual fees under paragraph (b), (c), (d), or (f) provides
5841		-	178.30services at a primary location with satellite facilities, the satellite facilities shall be licensed
5842		-	178.31with the primary location and shall be subject to an additional $500 annual nonrefundable
5843		-	178.32license fee per satellite facility.
5844		-	178Article 6 Sec. 13.
5845		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 179.1Sec. 14. Minnesota Statutes 2024, section 245A.10, subdivision 8, is amended to read:
5846		-	179.2 Subd. 8.Deposit of license fees.A human services licensing and program integrity
5847		-	179.3account is created in the state government special revenue fund. Fees collected under
5848		-	179.4subdivisions 3 and 4 must be deposited in the human services licensing and program integrity
5849		-	179.5account and are annually appropriated to the commissioner for licensing activities authorized
5850		-	179.6under this chapter and program integrity activities.
5851		-	179.7Sec. 15. Minnesota Statutes 2024, section 254B.06, is amended by adding a subdivision
5852		-	179.8to read:
5853		-	179.9 Subd. 5.Prohibition of duplicative claim submission.(a) For time-based claims,
5854		-	179.10submissions must follow the guidelines in the Centers for Medicare and Medicaid Services'
5855		-	179.11Healthcare Common Procedure Coding System and the American Medical Association's
5856		-	179.12Current Procedural Terminology to determine the appropriate units of time to report.
5857		-	179.13 (b) More than half the duration of a time-based code must be spent performing the service
5858		-	179.14to be eligible under this section. Any provision of service during the remaining balance of
5859		-	179.15the unit of time is not eligible for any other claims submission and would be considered a
5860		-	179.16duplicative claim submission.
5861		-	179.17 (c) A provider may only round up to the next whole number of service units on a
5862		-	179.18submitted claim when more than one and one-half times the defined value of the code has
5863		-	179.19occurred and no additional time increment code exists.
5864		-	179.20 EFFECTIVE DATE.This section is effective July 1, 2025.
5865		-	179.21Sec. 16. Minnesota Statutes 2024, section 256.983, subdivision 4, is amended to read:
5866		-	179.22 Subd. 4.Funding.(a) County and Tribal agency reimbursement shall be made through
5867		-	179.23the settlement provisions applicable to the Supplemental Nutrition Assistance Program
5868		-	179.24(SNAP), MFIP, child care assistance programs, the medical assistance program, and other
5869		-	179.25federal and state-funded programs.
5870		-	179.26 (b) The commissioners will maintain program compliance if for any three consecutive
5871		-	179.27month period quarter, a county or Tribal agency fails to comply with fraud prevention
5872		-	179.28investigation program guidelines, or fails to meet the cost-effectiveness standards developed
5873		-	179.29by the commissioners. This result is contingent on the commissioners providing written
5874		-	179.30notice, including an offer of technical assistance, within 30 days of the end of the third or
5875		-	179.31subsequent month quarter of noncompliance. The county or Tribal agency shall be required
5876		-	179.32to submit a corrective action plan to the commissioners within 30 days of receipt of a notice
5877		-	179Article 6 Sec. 16.
5878		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 180.1of noncompliance. Failure to submit a corrective action plan or, continued deviation from
5879		-	180.2standards of more than ten percent after submission of a corrective action plan, will result
5880		-	180.3in denial of funding for each subsequent month, or billing the county or Tribal agency for
5881		-	180.4fraud prevention investigation (FPI) service provided by the commissioners, or reallocation
5882		-	180.5of program grant funds, or investigative resources, or both, to other counties or Tribal
5883		-	180.6agencies. The denial of funding shall apply to the general settlement received by the county
5884		-	180.7or Tribal agency on a quarterly basis and shall not reduce the grant amount applicable to
5885		-	180.8the FPI project.
5886		-	180.9 EFFECTIVE DATE.This section is effective July 1, 2025.
5887		-	180.10Sec. 17. Minnesota Statutes 2024, section 256B.0659, subdivision 21, is amended to read:
5888		-	180.11 Subd. 21.Requirements for provider enrollment of personal care assistance provider
5889		-	180.12agencies.(a) All personal care assistance provider agencies must provide, at the time of
5890		-	180.13enrollment, reenrollment, and revalidation as a personal care assistance provider agency in
5891		-	180.14a format determined by the commissioner, information and documentation that includes,
5892		-	180.15but is not limited to, the following:
5893		-	180.16 (1) the personal care assistance provider agency's current contact information including
5894		-	180.17address, telephone number, and email address;
5895		-	180.18 (2) proof of surety bond coverage for each business location providing services. Upon
5896		-	180.19new enrollment, or if the provider's Medicaid revenue in the previous calendar year is up
5897		-	180.20to and including $300,000, the provider agency must purchase a surety bond of $50,000. If
5898		-	180.21the Medicaid revenue in the previous year is over $300,000, the provider agency must
5899		-	180.22purchase a surety bond of $100,000. The surety bond must be in a form approved by the
5900		-	180.23commissioner, must be renewed annually, and must allow for recovery of costs and fees in
5901		-	180.24pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a
5902		-	180.25surety bond must occur within six years from the date the debt is affirmed by a final agency
5903		-	180.26decision. An agency decision is final when the right to appeal the debt has been exhausted
5904		-	180.27or the time to appeal has expired under section 256B.064;
5905		-	180.28 (3) proof of fidelity bond coverage in the amount of $20,000 for each business location
5906		-	180.29providing service;
5907		-	180.30 (4) proof of workers' compensation insurance coverage identifying the business location
5908		-	180.31where personal care assistance services are provided;
5909		-	180.32 (5) proof of liability insurance coverage identifying the business location where personal
5910		-	180.33care assistance services are provided and naming the department as a certificate holder;
5911		-	180Article 6 Sec. 17.
5912		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 181.1 (6) a copy of the personal care assistance provider agency's written policies and
5913		-	181.2procedures including: hiring of employees; training requirements; service delivery; and
5914		-	181.3employee and consumer safety including process for notification and resolution of consumer
5915		-	181.4grievances, identification and prevention of communicable diseases, and employee
5916		-	181.5misconduct;
5917		-	181.6 (7) copies of all other forms the personal care assistance provider agency uses in the
5918		-	181.7course of daily business including, but not limited to:
5919		-	181.8 (i) a copy of the personal care assistance provider agency's time sheet if the time sheet
5920		-	181.9varies from the standard time sheet for personal care assistance services approved by the
5921		-	181.10commissioner, and a letter requesting approval of the personal care assistance provider
5922		-	181.11agency's nonstandard time sheet;
5923		-	181.12 (ii) the personal care assistance provider agency's template for the personal care assistance
5924		-	181.13care plan; and
5925		-	181.14 (iii) the personal care assistance provider agency's template for the written agreement
5926		-	181.15in subdivision 20 for recipients using the personal care assistance choice option, if applicable;
5927		-	181.16 (8) a list of all training and classes that the personal care assistance provider agency
5928		-	181.17requires of its staff providing personal care assistance services;
5929		-	181.18 (9) documentation that the personal care assistance provider agency and staff have
5930		-	181.19successfully completed all the training required by this section, including the requirements
5931		-	181.20under subdivision 11, paragraph (d), if enhanced personal care assistance services are
5932		-	181.21provided and submitted for an enhanced rate under subdivision 17a;
5933		-	181.22 (10) documentation of the agency's marketing practices;
5934		-	181.23 (11) disclosure of ownership, leasing, or management of all residential properties that
5935		-	181.24is used or could be used for providing home care services;
5936		-	181.25 (12) documentation that the agency will use the following percentages of revenue
5937		-	181.26generated from the medical assistance rate paid for personal care assistance services for
5938		-	181.27employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal
5939		-	181.28care assistance choice option and 72.5 percent of revenue from other personal care assistance
5940		-	181.29providers. The revenue generated by the qualified professional and the reasonable costs
5941		-	181.30associated with the qualified professional shall not be used in making this calculation; and
5942		-	181.31 (13) effective May 15, 2010, documentation that the agency does not burden recipients'
5943		-	181.32free exercise of their right to choose service providers by requiring personal care assistants
5944		-	181.33to sign an agreement not to work with any particular personal care assistance recipient or
5945		-	181Article 6 Sec. 17.
5946		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 182.1for another personal care assistance provider agency after leaving the agency and that the
5947		-	182.2agency is not taking action on any such agreements or requirements regardless of the date
5948		-	182.3signed.
5949		-	182.4 (b) Personal care assistance provider agencies shall provide the information specified
5950		-	182.5in paragraph (a) to the commissioner at the time the personal care assistance provider agency
5951		-	182.6enrolls as a vendor or upon request from the commissioner. The commissioner shall collect
5952		-	182.7the information specified in paragraph (a) from all personal care assistance providers
5953		-	182.8beginning July 1, 2009.
5954		-	182.9 (c) All personal care assistance provider agencies shall require all employees in
5955		-	182.10management and supervisory positions and owners of the agency who are active in the
5956		-	182.11day-to-day management and operations of the agency to complete mandatory training as
5957		-	182.12determined by the commissioner before submitting an application for enrollment of the
5958		-	182.13agency as a provider. All personal care assistance provider agencies shall also require
5959		-	182.14qualified professionals to complete the training required by subdivision 13 before submitting
5960		-	182.15an application for enrollment of the agency as a provider. Employees in management and
5961		-	182.16supervisory positions and owners who are active in the day-to-day operations of an agency
5962		-	182.17who have completed the required training as an employee with a personal care assistance
5963		-	182.18provider agency do not need to repeat the required training if they are hired by another
5964		-	182.19agency, if they have completed the training within the past three years. By September 1,
5965		-	182.202010, the required training must be available with meaningful access according to title VI
5966		-	182.21of the Civil Rights Act and federal regulations adopted under that law or any guidance from
5967		-	182.22the United States Health and Human Services Department. The required training must be
5968		-	182.23available online or by electronic remote connection. The required training must provide for
5969		-	182.24competency testing. Personal care assistance provider agency billing staff shall complete
5970		-	182.25training about personal care assistance program financial management. This training is
5971		-	182.26effective July 1, 2009. Any personal care assistance provider agency enrolled before that
5972		-	182.27date shall, if it has not already, complete the provider training within 18 months of July 1,
5973		-	182.282009. Any new owners or employees in management and supervisory positions involved
5974		-	182.29in the day-to-day operations are required to complete mandatory training as a requisite of
5975		-	182.30working for the agency. Personal care assistance provider agencies certified for participation
5976		-	182.31in Medicare as home health agencies are exempt from the training required in this
5977		-	182.32subdivision. When available, Medicare-certified home health agency owners, supervisors,
5978		-	182.33or managers must successfully complete the competency test.
5979		-	182.34 (d) All surety bonds, fidelity bonds, workers' compensation insurance, and liability
5980		-	182.35insurance required by this subdivision must be maintained continuously. After initial
5981		-	182Article 6 Sec. 17.
5982		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 183.1enrollment, a provider must submit proof of bonds and required coverages at any time at
5983		-	183.2the request of the commissioner. Services provided while there are lapses in coverage are
5984		-	183.3not eligible for payment. Lapses in coverage may result in sanctions, including termination.
5985		-	183.4The commissioner shall send instructions and a due date to submit the requested information
5986		-	183.5to the personal care assistance provider agency.
5987		-	183.6 EFFECTIVE DATE.This section is effective July 1, 2025.
5988		-	183.7Sec. 18. Minnesota Statutes 2024, section 256B.0949, subdivision 16a, is amended to
5989		-	183.8read:
5990		-	183.9 Subd. 16a.Background studies.An early intensive developmental and behavioral
5991		-	183.10intervention services agency must fulfill any background studies requirements under this
5992		-	183.11section by initiating a background study through the commissioner's NETStudy 2.0 system
5993		-	183.12as provided under sections 245C.03, subdivision 15, and 245C.10, subdivision 17 chapter
5994		-	183.13245C and must maintain documentation of background study requests and results.
5995		-	183.14Sec. 19. Minnesota Statutes 2024, section 256B.4912, subdivision 1, is amended to read:
5996		-	183.15 Subdivision 1.Provider qualifications.(a) For the home and community-based waivers
5997		-	183.16providing services to seniors and individuals with disabilities under chapter 256S and
5998		-	183.17sections 256B.0913, 256B.092, and 256B.49, the commissioner shall establish:
5999		-	183.18 (1) agreements with enrolled waiver service providers to ensure providers meet Minnesota
6000		-	183.19health care program requirements;
6001		-	183.20 (2) regular reviews of provider qualifications, and including requests of proof of
6002		-	183.21documentation; and
6003		-	183.22 (3) processes to gather the necessary information to determine provider qualifications.
6004		-	183.23 (b) A provider shall not require or coerce any service recipient to change waiver programs
6005		-	183.24or move to a different location, consistent with the informed choice and independent living
6006		-	183.25policies under section 256B.4905, subdivisions 1a, 2a, 3a, 7, and 8.
6007		-	183.26 (c) Beginning July 1, 2012, For staff that provide direct contact, as defined in section
6008		-	183.27245C.02, subdivision 11, for services specified in the federally approved waiver plans,
6009		-	183.28providers must meet the requirements of chapter 245C prior to providing waiver services
6010		-	183.29and as part of ongoing enrollment. Upon federal approval, and maintain documentation of
6011		-	183.30background study requests and results. This requirement must also apply applies to
6012		-	183.31consumer-directed community supports.
6013		-	183Article 6 Sec. 19.
6014		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 184.1 (d) Beginning January 1, 2014, Service owners and managerial officials overseeing the
6015		-	184.2management or policies of services that provide direct contact as specified in the federally
6016		-	184.3approved waiver plans must meet the requirements of chapter 245C prior to reenrollment
6017		-	184.4or revalidation or, for new providers, prior to initial enrollment if they have not already
6018		-	184.5done so as a part of service licensure requirements.
6019		-	184.6Sec. 20. Minnesota Statutes 2024, section 256B.85, subdivision 12, is amended to read:
6020		-	184.7 Subd. 12.Requirements for enrollment of CFSS agency-providers.(a) All CFSS
6021		-	184.8agency-providers must provide, at the time of enrollment, reenrollment, and revalidation
6022		-	184.9as a CFSS agency-provider in a format determined by the commissioner, information and
6023		-	184.10documentation that includes but is not limited to the following:
6024		-	184.11 (1) the CFSS agency-provider's current contact information including address, telephone
6025		-	184.12number, and email address;
6026		-	184.13 (2) proof of surety bond coverage. Upon new enrollment, or if the agency-provider's
6027		-	184.14Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
6028		-	184.15agency-provider must purchase a surety bond of $50,000. If the agency-provider's Medicaid
6029		-	184.16revenue in the previous calendar year is greater than $300,000, the agency-provider must
6030		-	184.17purchase a surety bond of $100,000. The surety bond must be in a form approved by the
6031		-	184.18commissioner, must be renewed annually, and must allow for recovery of costs and fees in
6032		-	184.19pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a
6033		-	184.20surety bond must occur within six years from the date the debt is affirmed by a final agency
6034		-	184.21decision. An agency decision is final when the right to appeal the debt has been exhausted
6035		-	184.22or the time to appeal has expired under section 256B.064;
6036		-	184.23 (3) proof of fidelity bond coverage in the amount of $20,000 per provider location;
6037		-	184.24 (4) proof of workers' compensation insurance coverage;
6038		-	184.25 (5) proof of liability insurance;
6039		-	184.26 (6) a copy of the CFSS agency-provider's organizational chart identifying the names
6040		-	184.27and roles of all owners, managing employees, staff, board of directors, and additional
6041		-	184.28documentation reporting any affiliations of the directors and owners to other service
6042		-	184.29providers;
6043		-	184.30 (7) proof that the CFSS agency-provider has written policies and procedures including:
6044		-	184.31hiring of employees; training requirements; service delivery; and employee and consumer
6045		-	184.32safety, including the process for notification and resolution of participant grievances, incident
6046		-	184.33response, identification and prevention of communicable diseases, and employee misconduct;
6047		-	184Article 6 Sec. 20.
6048		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 185.1 (8) proof that the CFSS agency-provider has all of the following forms and documents:
6049		-	185.2 (i) a copy of the CFSS agency-provider's time sheet; and
6050		-	185.3 (ii) a copy of the participant's individual CFSS service delivery plan;
6051		-	185.4 (9) a list of all training and classes that the CFSS agency-provider requires of its staff
6052		-	185.5providing CFSS services;
6053		-	185.6 (10) documentation that the CFSS agency-provider and staff have successfully completed
6054		-	185.7all the training required by this section;
6055		-	185.8 (11) documentation of the agency-provider's marketing practices;
6056		-	185.9 (12) disclosure of ownership, leasing, or management of all residential properties that
6057		-	185.10are used or could be used for providing home care services;
6058		-	185.11 (13) documentation that the agency-provider will use at least the following percentages
6059		-	185.12of revenue generated from the medical assistance rate paid for CFSS services for CFSS
6060		-	185.13support worker wages and benefits: 72.5 percent of revenue from CFSS providers, except
6061		-	185.14100 percent of the revenue generated by a medical assistance rate increase due to a collective
6062		-	185.15bargaining agreement under section 179A.54 must be used for support worker wages and
6063		-	185.16benefits. The revenue generated by the worker training and development services and the
6064		-	185.17reasonable costs associated with the worker training and development services shall not be
6065		-	185.18used in making this calculation; and
6066		-	185.19 (14) documentation that the agency-provider does not burden participants' free exercise
6067		-	185.20of their right to choose service providers by requiring CFSS support workers to sign an
6068		-	185.21agreement not to work with any particular CFSS participant or for another CFSS
6069		-	185.22agency-provider after leaving the agency and that the agency is not taking action on any
6070		-	185.23such agreements or requirements regardless of the date signed.
6071		-	185.24 (b) CFSS agency-providers shall provide to the commissioner the information specified
6072		-	185.25in paragraph (a).
6073		-	185.26 (c) All CFSS agency-providers shall require all employees in management and
6074		-	185.27supervisory positions and owners of the agency who are active in the day-to-day management
6075		-	185.28and operations of the agency to complete mandatory training as determined by the
6076		-	185.29commissioner. Employees in management and supervisory positions and owners who are
6077		-	185.30active in the day-to-day operations of an agency who have completed the required training
6078		-	185.31as an employee with a CFSS agency-provider do not need to repeat the required training if
6079		-	185.32they are hired by another agency and they have completed the training within the past three
6080		-	185.33years. CFSS agency-provider billing staff shall complete training about CFSS program
6081		-	185Article 6 Sec. 20.
6082		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 186.1financial management. Any new owners or employees in management and supervisory
6083		-	186.2positions involved in the day-to-day operations are required to complete mandatory training
6084		-	186.3as a requisite of working for the agency.
6085		-	186.4 (d) Agency-providers shall submit all required documentation in this section within 30
6086		-	186.5days of notification from the commissioner. If an agency-provider fails to submit all the
6087		-	186.6required documentation, the commissioner may take action under subdivision 23a.
6088		-	186.7 EFFECTIVE DATE.This section is effective July 1, 2025.
6089		-	186.8 ARTICLE 7
6090		-	186.9 DIRECT CARE AND TREATMENT
6091		-	186.10Section 1. Minnesota Statutes 2024, section 246.54, subdivision 1a, is amended to read:
6092		-	186.11 Subd. 1a.Anoka-Metro Regional Treatment Center.(a) A county's payment of the
6093		-	186.12cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
6094		-	186.13following schedule:
6095		-	186.14 (1) zero percent for the first 30 days;
6096		-	186.15 (2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
6097		-	186.16for the client; and
6098		-	186.17 (3) 100 percent for each day during the stay, including the day of admission, when the
6099		-	186.18facility determines that it is clinically appropriate for the client to be discharged.
6100		-	186.19 (b) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
6101		-	186.20of the cost of care for days over 31 for clients who meet the criteria in paragraph (a), clause
6102		-	186.21(2), the county shall be responsible for paying the state only the remaining amount. The
6103		-	186.22county shall not be entitled to reimbursement from the client, the client's estate, or from the
6104		-	186.23client's relatives, except as provided in section 246.53.
6105		-	186.24 (c) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
6106		-	186.25responsible for the cost of care under paragraph (a), clause (3), for a person who is committed
6107		-	186.26as a person who has a mental illness and is dangerous to the public under section 253B.18
6108		-	186.27and who is awaiting transfer to another state-operated facility or program. This paragraph
6109		-	186.28expires March 31, 2025 June 30, 2027.
6110		-	186.29 (d) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
6111		-	186.30responsible for the cost of care under paragraph (a), clause (3), for a person who is civilly
6112		-	186.31committed, if the client is awaiting transfer:
6113		-	186Article 7 Section 1.
6114		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 187.1 (1) to a facility operated by the Department of Corrections; or
6115		-	187.2 (2) to another state-operated facility or program, and the Direct Care and Treatment
6116		-	187.3executive medical director's office or a designee has determined that:
6117		-	187.4 (i) the client meets criteria for admission to that state-operated facility or program; and
6118		-	187.5 (ii) the state-operated facility or program is the only facility or program that can
6119		-	187.6reasonably serve the client. This paragraph expires June 30, 2025 2027.
6120		-	187.7 (e) Notwithstanding any law to the contrary, the client is not responsible for payment
6121		-	187.8of the cost of care under this subdivision.
6122		-	187.9 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
6123		-	187.10Sec. 2. Minnesota Statutes 2024, section 246.54, subdivision 1b, is amended to read:
6124		-	187.11 Subd. 1b.Community behavioral health hospitals.(a) A county's payment of the cost
6125		-	187.12of care provided at state-operated community-based behavioral health hospitals for adults
6126		-	187.13and children shall be according to the following schedule:
6127		-	187.14 (1) 100 percent for each day during the stay, including the day of admission, when the
6128		-	187.15facility determines that it is clinically appropriate for the client to be discharged; and
6129		-	187.16 (2) the county shall not be entitled to reimbursement from the client, the client's estate,
6130		-	187.17or from the client's relatives, except as provided in section 246.53.
6131		-	187.18 (b) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
6132		-	187.19responsible for the cost of care under paragraph (a), clause (1), for a person committed as
6133		-	187.20a person who has a mental illness and is dangerous to the public under section 253B.18 and
6134		-	187.21who is awaiting transfer to another state-operated facility or program. This paragraph expires
6135		-	187.22March 31, 2025 June 30, 2027.
6136		-	187.23 (c) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
6137		-	187.24responsible for the cost of care under paragraph (a), clause (1), for a person who is civilly
6138		-	187.25committed, if the client is awaiting transfer:
6139		-	187.26 (1) to a facility operated by the Department of Corrections; or
6140		-	187.27 (2) to another state-operated facility or program, and the Direct Care and Treatment
6141		-	187.28executive medical director's office or a designee has determined that:
6142		-	187.29 (i) the client meets criteria for admission to that state-operated facility or program; and
6143		-	187.30 (ii) the state-operated facility or program is the only facility or program that can
6144		-	187.31reasonably serve the client. This paragraph expires June 30, 2025 2027.
6145		-	187Article 7 Sec. 2.
6146		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 188.1 (d) Notwithstanding any law to the contrary, the client is not responsible for payment
6147		-	188.2of the cost of care under this subdivision.
6148		-	188.3 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
6149		-	188.4Sec. 3. Minnesota Statutes 2024, section 246B.10, is amended to read:
6150		-	188.5 246B.10 LIABILITY OF COUNTY; REIMBURSEMENT .
6151		-	188.6 (a) The civilly committed sex offender's county shall pay to the state a portion of the
6152		-	188.7cost of care provided in the Minnesota Sex Offender Program to a civilly committed sex
6153		-	188.8offender who has legally settled in that county.
6154		-	188.9 (b) A county's payment must be made from the county's own sources of revenue and
6155		-	188.10payments must:
6156		-	188.11 (1) equal ten percent of the cost of care, as determined by the executive board, for each
6157		-	188.12day or portion of a day that the civilly committed sex offender spends at the facility for
6158		-	188.13individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
6159		-	188.14 (2) equal 25 percent of the cost of care, as determined by the executive board, for each
6160		-	188.15day or portion of a day that the civilly committed sex offender:
6161		-	188.16 (i) spends at the facility for individuals admitted to the Minnesota Sex Offender Program
6162		-	188.17on or after August 1, 2011; or
6163		-	188.18 (ii) receives services within a program operated by the Minnesota Sex Offender Program
6164		-	188.19while on provisional discharge.
6165		-	188.20This paragraph expires June 30, 2027.
6166		-	188.21 (c) The county is responsible for paying the state the remaining amount if payments
6167		-	188.22received by the state under this chapter exceed:
6168		-	188.23 (1) 90 percent of the cost of care for individuals admitted to the Minnesota Sex Offender
6169		-	188.24Program before August 1, 2011; or
6170		-	188.25 (2) 75 percent of the cost of care for individuals:
6171		-	188.26 (i) admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
6172		-	188.27 (ii) receiving services within a program operated by the Minnesota Sex Offender Program
6173		-	188.28while on provisional discharge.
6174		-	188.29This paragraph expires June 30, 2027.
6175		-	188Article 7 Sec. 3.
6176		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 189.1 (d) The county is not entitled to reimbursement from the civilly committed sex offender,
6177		-	189.2the civilly committed sex offender's estate, or from the civilly committed sex offender's
6178		-	189.3relatives, except as provided in section 246B.07.
6179		-	189.4 (e) Effective July 1, 2027, a county's payment must be made from the county's own
6180		-	189.5sources of revenue and payments must equal 40 percent of the cost of care as determined
6181		-	189.6by the executive board for each day or portion of a day that the civilly committed sex
6182		-	189.7offender spends at the facility or receives services within a program operated by the
6183		-	189.8Minnesota Sex Offender Program while on provisional discharge.
6184		-	189.9 (f) Effective July 1, 2027, the county is responsible for paying the state the remaining
6185		-	189.10amount if payments received by the state under this chapter exceed 60 percent of the cost
6186		-	189.11of care for individuals.
6187		-	189.12Sec. 4. Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:
6188		-	189.13 Subd. 3.Direct Care and Treatment systems account.(a) The Direct Care and
6189		-	189.14Treatment systems account is created in the special revenue fund of the state treasury.
6190		-	189.15Beginning July 1, 2025, money in the account is appropriated to the Direct Care and
6191		-	189.16Treatment executive board and may be used for security systems and information technology
6192		-	189.17projects, services, and support under the control of the executive board.
6193		-	189.18 (b) The commissioner of human services shall transfer all money allocated to the Direct
6194		-	189.19Care and Treatment systems projects under section 256.014 to the Direct Care and Treatment
6195		-	189.20systems account by June 30, 2026.
6196		-	189.21 (c) Beginning July 1, 2025, and each fiscal year thereafter, $5,000,000 of general fund
6197		-	189.22cost of care collections under section 246.18, subdivision 4, shall be deposited into the
6198		-	189.23Direct Care and Treatment systems account to support the Direct Care and Treatment
6199		-	189.24electronic health record system and information technology projects.
6200		-	189.25Sec. 5. Minnesota Statutes 2024, section 256G.08, subdivision 1, is amended to read:
6201		-	189.26 Subdivision 1.Commitment and competency proceedings.In cases of voluntary
6202		-	189.27admission, or commitment to state or other institutions, or criminal orders for inpatient
6203		-	189.28examination or participation in a competency attainment program under chapter 611, the
6204		-	189.29committing county or the county from which the first criminal order for inpatient examination
6205		-	189.30or order for participation in a competency attainment program under chapter 611 is issued
6206		-	189.31shall initially pay for all costs. This includes the expenses of the taking into custody,
6207		-	189.32confinement, emergency holds under sections 253B.051, subdivisions 1 and 2, and 253B.07,
6208		-	189Article 7 Sec. 5.
6209		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 190.1examination, commitment, conveyance to the place of detention, rehearing, and hearings
6210		-	190.2under section sections 253B.092 and 611.47, including hearings held under that section
6211		-	190.3which those sections that are venued outside the county of commitment or the county of
6212		-	190.4the chapter 611 competency proceedings order.
6213		-	190.5 EFFECTIVE DATE.This section is effective July 1, 2027.
6214		-	190.6Sec. 6. Minnesota Statutes 2024, section 256G.08, subdivision 2, is amended to read:
6215		-	190.7 Subd. 2.Responsibility for nonresidents.If a person committed, or voluntarily admitted
6216		-	190.8to a state institution, or ordered for inpatient examination or participation in a competency
6217		-	190.9attainment program under chapter 611 has no residence in this state, financial responsibility
6218		-	190.10belongs to the county of commitment or the county from which the first criminal order for
6219		-	190.11inpatient examination or order for participation in a competency attainment program under
6220		-	190.12chapter 611 was issued.
6221		-	190.13 EFFECTIVE DATE.This section is effective July 1, 2027.
6222		-	190.14Sec. 7. Minnesota Statutes 2024, section 256G.09, subdivision 1, is amended to read:
6223		-	190.15 Subdivision 1.General procedures.If upon investigation the local agency decides that
6224		-	190.16the application, or commitment, or first criminal order under chapter 611 was not filed in
6225		-	190.17the county of financial responsibility as defined by this chapter, but that the applicant is
6226		-	190.18otherwise eligible for assistance, it shall send a copy of the application, or commitment
6227		-	190.19claim, or chapter 611 claim together with the record of any investigation it has made, to the
6228		-	190.20county it believes is financially responsible. The copy and record must be sent within 60
6229		-	190.21days of the date the application was approved or the claim was paid. The first local agency
6230		-	190.22shall provide assistance to the applicant until financial responsibility is transferred under
6231		-	190.23this section.
6232		-	190.24 The county receiving the transmittal has 30 days to accept or reject financial
6233		-	190.25responsibility. A failure to respond within 30 days establishes financial responsibility by
6234		-	190.26the receiving county.
6235		-	190.27 EFFECTIVE DATE.This section is effective July 1, 2027.
6236		-	190.28Sec. 8. Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
6237		-	190.29 Subd. 2.Financial disputes.(a) If the county receiving the transmittal does not believe
6238		-	190.30it is financially responsible, it should provide to the commissioner of human services and
6239		-	190.31the initially responsible county a statement of all facts and documents necessary for the
6240		-	190Article 7 Sec. 8.
6241		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 191.1commissioner to make the requested determination of financial responsibility. The submission
6242		-	191.2must clearly state the program area in dispute and must state the specific basis upon which
6243		-	191.3the submitting county is denying financial responsibility.
6244		-	191.4 (b) The initially responsible county then has 15 calendar days to submit its position and
6245		-	191.5any supporting evidence to the commissioner. The absence of a submission by the initially
6246		-	191.6responsible county does not limit the right of the commissioner of human services or Direct
6247		-	191.7Care and Treatment executive board to issue a binding opinion based on the evidence actually
6248		-	191.8submitted.
6249		-	191.9 (c) A case must not be submitted until the local agency taking the application, or making
6250		-	191.10the commitment, or residing in the county from which the first criminal order under chapter
6251		-	191.11611 was issued has made an initial determination about eligibility and financial responsibility,
6252		-	191.12and services have been initiated. This paragraph does not prohibit the submission of closed
6253		-	191.13cases that otherwise meet the applicable statute of limitations.
6254		-	191.14 EFFECTIVE DATE.This section is effective July 1, 2027.
6255		-	191.15Sec. 9. Minnesota Statutes 2024, section 611.43, is amended by adding a subdivision to
6256		-	191.16read:
6257		-	191.17 Subd. 5.Costs related to confined treatment.(a) When a defendant is ordered to
6258		-	191.18participate in an examination in a treatment facility, a locked treatment facility, or a
6259		-	191.19state-operated treatment facility under subdivision 1, paragraph (b), the facility shall bill
6260		-	191.20the responsible health plan first. The county in which the criminal charges are filed is
6261		-	191.21responsible to pay any charges not covered by the health plan, including co-pays and
6262		-	191.22deductibles. If the defendant has health plan coverage and is confined in a hospital, but the
6263		-	191.23hospitalization does not meet the criteria in section 62M.07, subdivision 2, clause (1);
6264		-	191.2462Q.53; 62Q.535, subdivision 1; or 253B.045, subdivision 6, the county in which criminal
6265		-	191.25charges are filed is responsible for payment.
6266		-	191.26 (b) The Direct Care and Treatment executive board shall determine the cost of
6267		-	191.27confinement in a state-operated treatment facility based on the executive board's
6268		-	191.28determination of cost of care pursuant to section 246.50, subdivision 5.
6269		-	191.29Sec. 10. Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
6270		-	191.30 Subdivision 1.Order to competency attainment program.(a) If the court finds the
6271		-	191.31defendant incompetent and the charges have not been dismissed, the court shall order the
6272		-	191.32defendant to participate in a program to assist the defendant in attaining competency. The
6273		-	191Article 7 Sec. 10.
6274		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 192.1court may order participation in a competency attainment program provided outside of a
6275		-	192.2jail, a jail-based competency attainment program, or an alternative program. The court must
6276		-	192.3determine the least-restrictive program appropriate to meet the defendant's needs and public
6277		-	192.4safety. In making this determination, the court must consult with the forensic navigator and
6278		-	192.5consider any recommendations of the court examiner. The court shall not order a defendant
6279		-	192.6to participate in a jail-based program or a state-operated treatment program if the highest
6280		-	192.7criminal charge is a targeted misdemeanor.
6281		-	192.8 (b) If the court orders the defendant to a locked treatment facility or jail-based program,
6282		-	192.9the court must calculate the defendant's custody credit and cannot order the defendant to a
6283		-	192.10locked treatment facility or jail-based program for a period that would cause the defendant's
6284		-	192.11custody credit to exceed the maximum sentence for the underlying charge.
6285		-	192.12 (c) The court may only order the defendant to participate in competency attainment at
6286		-	192.13an inpatient or residential treatment program under this section if the head of the treatment
6287		-	192.14program determines that admission to the program is clinically appropriate and consents to
6288		-	192.15the defendant's admission. The court may only order the defendant to participate in
6289		-	192.16competency attainment at a state-operated treatment facility under this section if the Direct
6290		-	192.17Care and Treatment executive board or a designee determines that admission of the defendant
6291		-	192.18is clinically appropriate and consents to the defendant's admission. The court may require
6292		-	192.19a competency program that qualifies as a locked facility or a state-operated treatment program
6293		-	192.20to notify the court in writing of the basis for refusing consent for admission of the defendant
6294		-	192.21in order to ensure transparency and maintain an accurate record. The court may not require
6295		-	192.22personal appearance of any representative of a competency program. The court shall send
6296		-	192.23a written request for notification to the locked facility or state-operated treatment program
6297		-	192.24and the locked facility or state-operated treatment program shall provide a written response
6298		-	192.25to the court within ten days of receipt of the court's request.
6299		-	192.26 (d) If the defendant is confined in jail and has not received competency attainment
6300		-	192.27services within 30 days of the finding of incompetency, the court shall review the case with
6301		-	192.28input from the prosecutor and defense counsel and may:
6302		-	192.29 (1) order the defendant to participate in an appropriate competency attainment program
6303		-	192.30that takes place outside of a jail;
6304		-	192.31 (2) order a conditional release of the defendant with conditions that include but are not
6305		-	192.32limited to a requirement that the defendant participate in a competency attainment program
6306		-	192.33when one becomes available and accessible;
6307		-	192Article 7 Sec. 10.
6308		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 193.1 (3) make a determination as to whether the defendant is likely to attain competency in
6309		-	193.2the reasonably foreseeable future and proceed under section 611.49; or
6310		-	193.3 (4) upon a motion, dismiss the charges in the interest of justice.
6311		-	193.4 (e) The court may order any hospital, treatment facility, or correctional facility that has
6312		-	193.5provided care or supervision to a defendant in the previous two years to provide copies of
6313		-	193.6the defendant's medical records to the competency attainment program or alternative program
6314		-	193.7in which the defendant was ordered to participate. This information shall be provided in a
6315		-	193.8consistent and timely manner and pursuant to all applicable laws.
6316		-	193.9 (f) If at any time the defendant refuses to participate in a competency attainment program
6317		-	193.10or an alternative program, the head of the program shall notify the court and any entity
6318		-	193.11responsible for supervision of the defendant.
6319		-	193.12 (g) At any time, the head of the program may discharge the defendant from the program
6320		-	193.13or facility. The head of the program must notify the court, prosecutor, defense counsel, and
6321		-	193.14any entity responsible for the supervision of the defendant prior to any planned discharge.
6322		-	193.15Absent emergency circumstances, this notification shall be made five days prior to the
6323		-	193.16discharge if the defendant is not being discharged to jail or a correctional facility. Upon the
6324		-	193.17receipt of notification of discharge or upon the request of either party in response to
6325		-	193.18notification of discharge, the court may order that a defendant who is subject to bail or
6326		-	193.19unmet conditions of release be returned to jail upon being discharged from the program or
6327		-	193.20facility. If the court orders a defendant returned to jail, the court shall notify the parties and
6328		-	193.21head of the program at least one day before the defendant's planned discharge, except in
6329		-	193.22the event of an emergency discharge where one day notice is not possible. The court must
6330		-	193.23hold a review hearing within seven days of the defendant's return to jail. The forensic
6331		-	193.24navigator must be given notice of the hearing and be allowed to participate.
6332		-	193.25 (h) If the defendant is discharged from the program or facility under emergency
6333		-	193.26circumstances, notification of emergency discharge shall include a description of the
6334		-	193.27emergency circumstances and may include a request for emergency transportation. The
6335		-	193.28court shall make a determination on a request for emergency transportation within 24 hours.
6336		-	193.29Nothing in this section prohibits a law enforcement agency from transporting a defendant
6337		-	193.30pursuant to any other authority.
6338		-	193.31 (i) If the defendant is ordered to participate in an inpatient or residential competency
6339		-	193.32attainment or alternative program, the program or facility must notify the court, prosecutor,
6340		-	193.33defense counsel, forensic navigator, and any entity responsible for the supervision of the
6341		-	193Article 7 Sec. 10.
6342		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 194.1defendant if the defendant is placed on a leave or elopement status from the program and
6343		-	194.2if the defendant returns to the program from a leave or elopement status.
6344		-	194.3 (j) Defense counsel, prosecutors, and forensic navigators must have access to information
6345		-	194.4relevant to a defendant's participation and treatment in a competency attainment program
6346		-	194.5or alternative program, including but not limited to discharge planning.
6347		-	194.6Sec. 11. Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to
6348		-	194.7read:
6349		-	194.8 Subd. 5.Data access.Forensic navigators must have access to all data collected, created,
6350		-	194.9or maintained by a competency attainment program or an alternative program regarding a
6351		-	194.10defendant in order for navigators to carry out their duties under this section. A competency
6352		-	194.11attainment program or alternative program may request a copy of the court order appointing
6353		-	194.12the forensic navigator before disclosing any private information about a defendant.
6354		-	194.13 EFFECTIVE DATE.This section is effective July 1, 2027.
6355		-	194.14 ARTICLE 8
6356		-	194.15 HOMELESSNESS, HOUSING, AND SUPPORT SERVICES
6357		-	194.16Section 1. Minnesota Statutes 2024, section 256B.051, subdivision 6, is amended to read:
6358		-	194.17 Subd. 6.Provider qualifications and duties.A provider eligible for reimbursement
6359		-	194.18under this section shall:
6360		-	194.19 (1) enroll as a medical assistance Minnesota health care program provider and meet all
6361		-	194.20applicable provider standards and requirements;
6362		-	194.21 (2) demonstrate compliance with federal and state laws and policies for housing
6363		-	194.22stabilization services as determined by the commissioner;
6364		-	194.23 (3) comply with background study requirements under chapter 245C and maintain
6365		-	194.24documentation of background study requests and results;
6366		-	194.25 (4) directly provide housing stabilization services and not use a subcontractor or reporting
6367		-	194.26agent; and
6368		-	194.27 (5) complete annual vulnerable adult training.; and
6369		-	194.28 (6) complete compliance training as required under subdivision 6a.
6370		-	194Article 8 Section 1.
6371		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 195.1Sec. 2. Minnesota Statutes 2024, section 256B.051, is amended by adding a subdivision
6372		-	195.2to read:
6373		-	195.3 Subd. 6a.Requirements for provider enrollment.(a) Effective January 1, 2027, to
6374		-	195.4enroll as a housing stabilization services provider agency, an agency must require all owners
6375		-	195.5of the agency who are active in the day-to-day management and operations of the agency
6376		-	195.6and managerial and supervisory employees to complete compliance training before applying
6377		-	195.7for enrollment and every three years thereafter. Mandatory compliance training format and
6378		-	195.8content must be determined by the commissioner and must include the following topics:
6379		-	195.9 (1) state and federal program billing, documentation, and service delivery requirements;
6380		-	195.10 (2) enrollment requirements;
6381		-	195.11 (3) provider program integrity, including fraud prevention, detection, and penalties;
6382		-	195.12 (4) fair labor standards;
6383		-	195.13 (5) workplace safety requirements; and
6384		-	195.14 (6) recent changes in service requirements.
6385		-	195.15 (b) New owners active in day-to-day management and operations of the agency and
6386		-	195.16managerial and supervisory employees must complete compliance training under this
6387		-	195.17subdivision to be employed by or conduct management and operations activities for the
6388		-	195.18agency. If an individual moves to another housing stabilization services provider agency
6389		-	195.19and serves in a similar ownership or employment capacity, the individual is not required to
6390		-	195.20repeat the training required under this subdivision if the individual documents completion
6391		-	195.21of the training within the past three years.
6392		-	195.22 (c) Any housing stabilization services provider agency enrolled before January 1, 2027,
6393		-	195.23must complete the compliance training by January 1, 2028, and every three years thereafter.
6394		-	195.24Sec. 3. Minnesota Statutes 2024, section 256I.03, subdivision 11a, is amended to read:
6395		-	195.25 Subd. 11a.MSA equivalent rate."MSA equivalent rate" means an amount equal to the
6396		-	195.26total of:
6397		-	195.27 (1) the combined maximum shelter and basic needs standards for MSA recipients living
6398		-	195.28alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph (a); plus
6399		-	195.29 (2) the maximum allotment authorized by the federal Supplemental Nutrition Assistance
6400		-	195.30Program (SNAP) for a single individual which is in effect on the first day of July each year;
6401		-	195.31less
6402		-	195Article 8 Sec. 3.
6403		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 196.1 (3) the personal needs allowance authorized for medical assistance recipients under
6404		-	196.2section 256B.35.
6405		-	196.3 The MSA equivalent rate is to shall be adjusted on the first day of July each year to
6406		-	196.4reflect changes increases in any of the component rates under clauses (1) to (3).
6407		-	196.5Sec. 4. Minnesota Statutes 2024, section 256I.05, subdivision 1d, is amended to read:
6408		-	196.6 Subd. 1d.Certain facilities for mental illness or substance use disorder;
6409		-	196.7supplementary rates.Notwithstanding the provisions of subdivisions 1a and 1c, A county
6410		-	196.8agency may negotiate a supplementary service rate in addition to the board and lodging rate
6411		-	196.9under subdivision 1, not to exceed the maximum rate allowed under subdivision 1a, for
6412		-	196.10facilities licensed and registered by the Minnesota Department of Health under section
6413		-	196.11157.17 prior to December 31, 1996, if the facility meets the following criteria:
6414		-	196.12 (1) at least 75 percent of the residents have a primary diagnosis of mental illness,
6415		-	196.13substance use disorder, or both, and have related special needs;
6416		-	196.14 (2) the facility provides 24-hour, on-site, year-round supportive services by qualified
6417		-	196.15staff capable of intervention in a crisis of persons with late-state inebriety or mental illness
6418		-	196.16who are vulnerable to abuse or neglect;
6419		-	196.17 (3) the services at the facility include, but are not limited to:
6420		-	196.18 (i) secure central storage of medication;
6421		-	196.19 (ii) reminders and monitoring of medication for self-administration;
6422		-	196.20 (iii) support for developing an individual medical and social service plan, updating the
6423		-	196.21plan, and monitoring compliance with the plan; and
6424		-	196.22 (iv) assistance with setting up meetings, appointments, and transportation to access
6425		-	196.23medical, chemical health, and mental health service providers;
6426		-	196.24 (4) each resident has a documented need for at least one of the services provided;
6427		-	196.25 (5) each resident has been offered an opportunity to apply for admission to a licensed
6428		-	196.26residential treatment program for mental illness, substance use disorder, or both, have refused
6429		-	196.27that offer, and the offer and their refusal has been documented to writing; and
6430		-	196.28 (6) the residents are not eligible for home and community-based services waivers because
6431		-	196.29of their unique need for community support.
6432		-	196.30 Until June 30, 2002, the supplementary service rate of qualifying facilities under this
6433		-	196.31subdivision may be increased by up to 15 percent of the supplementary service rate in effect
6434		-	196Article 8 Sec. 4.
6435		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 197.1on January 1, 2001, for the facility. Qualifying facilities with no supplementary service rate
6436		-	197.2may negotiate a supplementary service rate not to exceed $300 per month.
6437		-	197.3Sec. 5. Minnesota Statutes 2024, section 256I.05, subdivision 1e, is amended to read:
6438		-	197.4 Subd. 1e.Supplementary rate for certain facilities.(a) Notwithstanding the provisions
6439		-	197.5of subdivisions 1a and 1c, beginning July 1, 2005, A county agency shall negotiate a
6440		-	197.6supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
6441		-	197.7$700 per month, including any legislatively authorized inflationary adjustments the maximum
6442		-	197.8rate allowed under subdivision 1a, for a housing support provider that:
6443		-	197.9 (1) is located in Hennepin County and has had a housing support contract with the county
6444		-	197.10since June 1996;
6445		-	197.11 (2) operates in three separate locations a 75-bed facility, a 50-bed facility, and a 26-bed
6446		-	197.12facility; and
6447		-	197.13 (3) serves a clientele with substance use disorder, providing 24 hours per day supervision
6448		-	197.14and limiting a resident's maximum length of stay to 13 months out of a consecutive 24-month
6449		-	197.15period.
6450		-	197.16 (b) Notwithstanding subdivisions 1a and 1c, A county agency shall negotiate a
6451		-	197.17supplementary rate in addition to the rate specified in subdivision 1, not to exceed $700 per
6452		-	197.18month, including any legislatively authorized inflationary adjustments, of the maximum
6453		-	197.19rate allowed under subdivision 1a, for a housing support provider that:
6454		-	197.20 (1) is located in St. Louis County and has had a housing support contract with the county
6455		-	197.21since 2006;
6456		-	197.22 (2) operates a 62-bed facility; and
6457		-	197.23 (3) serves an adult male clientele with substance use disorder, providing 24 hours per
6458		-	197.24day supervision and limiting a resident's maximum length of stay to 13 months out of a
6459		-	197.25consecutive 24-month period.
6460		-	197.26 (c) Notwithstanding subdivisions 1a and 1c, beginning July 1, 2013, A county agency
6461		-	197.27shall negotiate a supplementary rate in addition to the rate specified in subdivision 1, not
6462		-	197.28to exceed $700 per month, including any legislatively authorized inflationary adjustments
6463		-	197.29the maximum rate allowed under subdivision 1a, for the provider described under paragraphs
6464		-	197.30(a) and (b), not to exceed an additional 115 beds.
6465		-	197Article 8 Sec. 5.
6466		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 198.1Sec. 6. Minnesota Statutes 2024, section 256I.05, subdivision 1f, is amended to read:
6467		-	198.2 Subd. 1f.Supplementary service rate increases on or after July 1, 2001.Until June
6468		-	198.330, 2002, the supplementary service rate for recipients of assistance under section 256I.04
6469		-	198.4who reside in A county agency shall negotiate a supplementary service rate in addition to
6470		-	198.5the rate specified in subdivision 1, not to exceed the maximum rate under subdivision 1a,
6471		-	198.6for a residence that is licensed by the commissioner of health as a boarding care home but
6472		-	198.7is not certified for purposes of the medical assistance program may be increased by up to
6473		-	198.832 percent of the supplementary service rate in effect for that facility on January 1, 2001.
6474		-	198.9The new rate shall not exceed the nonfederal share of the statewide weighted average
6475		-	198.10monthly medical assistance nursing facility payment rate for case mix A in effect on January
6476		-	198.111, 2001.
6477		-	198.12Sec. 7. Minnesota Statutes 2024, section 256I.05, subdivision 1g, is amended to read:
6478		-	198.13 Subd. 1g.Supplementary service rate for certain facilities.An agency may negotiate
6479		-	198.14a supplementary service rate, not to exceed the maximum rate allowed under subdivision
6480		-	198.151a, for recipients of assistance under section 256I.04, subdivision 1, paragraph (a) or (b),
6481		-	198.16who have experienced long-term homelessness and who live in a supportive housing
6482		-	198.17establishment under section 256I.04, subdivision 2a, paragraph (b), clause (2).
6483		-	198.18Sec. 8. Minnesota Statutes 2024, section 256I.05, subdivision 1h, is amended to read:
6484		-	198.19 Subd. 1h.Supplementary rate for certain facilities serving males with substance
6485		-	198.20use disorder.Notwithstanding subdivisions 1a and 1c, beginning July 1, 2007, A county
6486		-	198.21agency shall negotiate a supplementary service rate in addition to the rate specified in
6487		-	198.22subdivision 1, not to exceed $737.87 per month, including any legislatively authorized
6488		-	198.23inflationary adjustments the maximum rate allowed under subdivision 1a, for a housing
6489		-	198.24support provider that:
6490		-	198.25 (1) is located in Ramsey County and has had a housing support contract with the county
6491		-	198.26since 1982 and has been licensed as a board and lodge facility with special services since
6492		-	198.271979; and
6493		-	198.28 (2) serves males with and recovering from substance use disorder, providing
6494		-	198.2924-hour-a-day supervision.
6495		-	198.30Sec. 9. Minnesota Statutes 2024, section 256I.05, subdivision 1i, is amended to read:
6496		-	198.31 Subd. 1i.Supplementary rate for certain facilities; Hennepin County.Notwithstanding
6497		-	198.32the provisions of subdivisions 1a and 1c, A county agency shall negotiate a supplementary
6498		-	198Article 8 Sec. 9.
6499		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 199.1service rate in addition to the rate specified in subdivision 1, not to exceed $700 per month,
6500		-	199.2including any legislatively authorized inflationary adjustments, up to the available
6501		-	199.3appropriation the maximum rate allowed under subdivision 1a, for a facility located in
6502		-	199.4Hennepin County with a capacity of up to 48 beds that has been licensed since 1978 as a
6503		-	199.5board and lodging facility and that until August 1, 2007, operated as a licensed substance
6504		-	199.6use disorder treatment program.
6505		-	199.7Sec. 10. Minnesota Statutes 2024, section 256I.05, subdivision 1j, is amended to read:
6506		-	199.8 Subd. 1j.Supplementary rate for certain facilities; Crow Wing
6507		-	199.9County.Notwithstanding the provisions of subdivisions 1a and 1c, beginning July 1, 2007,
6508		-	199.10A county agency shall negotiate a supplementary service rate in addition to the rate specified
6509		-	199.11in subdivision 1, not to exceed $700 per month, including any legislatively authorized
6510		-	199.12inflationary adjustments the maximum rate allowed under subdivision 1a, for a new 65-bed
6511		-	199.13facility in Crow Wing County that will serve serves persons with substance use disorder
6512		-	199.14operated by a housing support provider that currently operates a 304-bed facility in
6513		-	199.15Minneapolis and a 44-bed facility in Duluth which opened in January of 2006.
6514		-	199.16Sec. 11. Minnesota Statutes 2024, section 256I.05, subdivision 1k, is amended to read:
6515		-	199.17 Subd. 1k.Supplementary rate for certain facilities; Stearns, Sherburne, or Benton
6516		-	199.18County.Notwithstanding the provisions of this section, beginning July 1, 2009, A county
6517		-	199.19agency shall negotiate a supplementary service rate in addition to the rate specified in
6518		-	199.20subdivision 1, not to exceed $700 per month, including any legislatively authorized
6519		-	199.21inflationary adjustments the maximum rate allowed under subdivision 1a, for a housing
6520		-	199.22support provider located in Stearns, Sherburne, or Benton County that operates a 40-bed
6521		-	199.23facility, that received financing through the Minnesota Housing Finance Agency Ending
6522		-	199.24Long-Term Homelessness Initiative and serves clientele with substance use disorder,
6523		-	199.25providing 24-hour-a-day supervision.
6524		-	199.26Sec. 12. Minnesota Statutes 2024, section 256I.05, subdivision 1l, is amended to read:
6525		-	199.27 Subd. 1l.Supplementary rate for certain facilities; St. Louis County.Notwithstanding
6526		-	199.28the provisions of this section, beginning July 1, 2007, A county agency shall negotiate a
6527		-	199.29supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
6528		-	199.30$700 per month, including any legislatively authorized inflationary adjustments the maximum
6529		-	199.31rate allowed under subdivision 1a, for a housing support provider located in St. Louis County
6530		-	199.32that operates a 30-bed facility, that received financing through the Minnesota Housing
6531		-	199Article 8 Sec. 12.
6532		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 200.1Finance Agency Ending Long-Term Homelessness Initiative and serves clientele with
6533		-	200.2substance use disorder, providing 24-hour-a-day supervision.
6534		-	200.3Sec. 13. Minnesota Statutes 2024, section 256I.05, subdivision 1m, is amended to read:
6535		-	200.4 Subd. 1m.Supplemental Supplementary rate for certain facilities; Hennepin and
6536		-	200.5Ramsey Counties.Notwithstanding the provisions of this section, beginning July 1, 2007,
6537		-	200.6A county agency shall negotiate a supplemental supplementary service rate in addition to
6538		-	200.7the rate specified in subdivision 1, not to exceed the maximum rate in subdivision 1a or the
6539		-	200.8existing monthly rate, whichever is higher, including any legislatively authorized inflationary
6540		-	200.9adjustments, for a housing support provider that operates two ten-bed facilities, one located
6541		-	200.10in Hennepin County and one located in Ramsey County, which provide community support
6542		-	200.11and serve the mental health needs of individuals who have chronically lived unsheltered,
6543		-	200.12providing 24-hour-per-day supervision.
6544		-	200.13Sec. 14. Minnesota Statutes 2024, section 256I.05, subdivision 1n, is amended to read:
6545		-	200.14 Subd. 1n.Supplemental Supplementary rate; Mahnomen County.Notwithstanding
6546		-	200.15the provisions of this section, for the rate period July 1, 2010, to June 30, 2011, A county
6547		-	200.16agency shall negotiate a supplemental supplementary service rate in addition to the rate
6548		-	200.17specified in subdivision 1, not to exceed $753 per month or the existing rate, including any
6549		-	200.18legislative authorized inflationary adjustments the maximum rate allowed under subdivision
6550		-	200.191a, for a housing support provider located in Mahnomen County that operates a 28-bed
6551		-	200.20facility providing 24-hour care to individuals who are homeless, disabled, mentally ill,
6552		-	200.21chronically homeless, or have substance use disorder.
6553		-	200.22Sec. 15. Minnesota Statutes 2024, section 256I.05, subdivision 1p, is amended to read:
6554		-	200.23 Subd. 1p.Supplementary rate; St. Louis County.Notwithstanding the provisions of
6555		-	200.24subdivisions 1a and 1c, beginning July 1, 2017, A county agency shall negotiate a
6556		-	200.25supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
6557		-	200.26$700 per month, including any legislatively authorized inflationary adjustments the maximum
6558		-	200.27rate allowed under subdivision 1a, for a housing support provider that:
6559		-	200.28 (1) is located in St. Louis County and has had a housing support contract with the county
6560		-	200.29since July 2016;
6561		-	200.30 (2) operates a 35-bed facility;
6562		-	200.31 (3) serves women who have substance use disorder, mental illness, or both;
6563		-	200Article 8 Sec. 15.
6564		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 201.1 (4) provides 24-hour per day supervision;
6565		-	201.2 (5) provides on-site support with skilled professionals, including a licensed practical
6566		-	201.3nurse, registered nurses, peer specialists, and resident counselors; and
6567		-	201.4 (6) provides independent living skills training and assistance with family reunification.
6568		-	201.5Sec. 16. Minnesota Statutes 2024, section 256I.05, subdivision 1q, is amended to read:
6569		-	201.6 Subd. 1q.Supplemental Supplementary rate; Olmsted County.Notwithstanding the
6570		-	201.7provisions of subdivisions 1a and 1c, beginning July 1, 2017, A county agency shall negotiate
6571		-	201.8a supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
6572		-	201.9$750 per month, including any legislatively authorized inflationary adjustments the maximum
6573		-	201.10rate allowed under subdivision 1a, for a housing support provider located in Olmsted County
6574		-	201.11that operates long-term residential facilities with a total of 104 beds that serve men and
6575		-	201.12women with substance use disorder and provide 24-hour-a-day supervision and other support
6576		-	201.13services.
6577		-	201.14Sec. 17. Minnesota Statutes 2024, section 256I.05, subdivision 1r, is amended to read:
6578		-	201.15 Subd. 1r.Supplemental Supplementary rate; Anoka County.Notwithstanding the
6579		-	201.16provisions in this section, A county agency shall negotiate a supplemental supplementary
6580		-	201.17service rate for 42 beds in addition to the rate specified in subdivision 1, not to exceed the
6581		-	201.18maximum rate allowed under subdivision 1a, including any legislatively authorized
6582		-	201.19inflationary adjustments, for a housing support provider that is located in Anoka County
6583		-	201.20and provides emergency housing on the former Anoka Regional Treatment Center campus.
6584		-	201.21Sec. 18. Minnesota Statutes 2024, section 256I.05, subdivision 1s, is amended to read:
6585		-	201.22 Subd. 1s.Supplemental Supplementary rate; Douglas County.Notwithstanding the
6586		-	201.23provisions of subdivisions 1a and 1c, beginning July 1, 2023, A county agency shall negotiate
6587		-	201.24a supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
6588		-	201.25$750 per month, including any legislatively authorized inflationary adjustments the maximum
6589		-	201.26rate allowed under subdivision 1a, for a housing support provider located in Douglas County
6590		-	201.27that operates a long-term residential facility with a total of 74 beds that serve chemically
6591		-	201.28dependent men and provide 24-hour-a-day supervision and other support services.
6592		-	201.29Sec. 19. Minnesota Statutes 2024, section 256I.05, subdivision 1t, is amended to read:
6593		-	201.30 Subd. 1t.Supplemental Supplementary rate; Crow Wing County.Notwithstanding
6594		-	201.31the provisions of subdivisions 1a and 1c, beginning July 1, 2023, A county agency shall
6595		-	201Article 8 Sec. 19.
6596		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 202.1negotiate a supplementary service rate in addition to the rate specified in subdivision 1, not
6597		-	202.2to exceed $750 per month, including any legislatively authorized inflationary adjustments
6598		-	202.3the maximum rate allowed under subdivision 1a, for a housing support provider located in
6599		-	202.4Crow Wing County that operates a long-term residential facility with a total of 90 beds that
6600		-	202.5serves chemically dependent men and women and provides 24-hour-a-day supervision and
6601		-	202.6other support services.
6602		-	202.7Sec. 20. Minnesota Statutes 2024, section 256I.05, subdivision 1u, is amended to read:
6603		-	202.8 Subd. 1u.Supplemental Supplementary rate; Douglas County.Notwithstanding the
6604		-	202.9provisions in this section, beginning July 1, 2023, A county agency shall negotiate a
6605		-	202.10supplemental supplementary service rate for up to 20 beds in addition to the rate specified
6606		-	202.11in subdivision 1, not to exceed the maximum rate allowed under subdivision 1a, including
6607		-	202.12any legislatively authorized inflationary adjustments, for a housing support provider located
6608		-	202.13in Douglas County that operates two facilities and provides room and board and
6609		-	202.14supplementary services to adult males recovering from substance use disorder, mental
6610		-	202.15illness, or housing instability.
6611		-	202.16Sec. 21. Minnesota Statutes 2024, section 256I.05, subdivision 2, is amended to read:
6612		-	202.17 Subd. 2.Monthly rates; exemptions.This subdivision applies to A county agency shall
6613		-	202.18negotiate a supplementary service rate in addition to the rate specified in subdivision 1, not
6614		-	202.19to exceed the maximum rate under subdivision 1a, for a residence that on August 1, 1984,
6615		-	202.20was licensed by the commissioner of health only as a boarding care home, certified by the
6616		-	202.21commissioner of health as an intermediate care facility, and licensed by the commissioner
6617		-	202.22of human services under Minnesota Rules, parts 9520.0500 to 9520.0670. Notwithstanding
6618		-	202.23the provisions of subdivision 1c, the rate paid to a facility reimbursed under this subdivision
6619		-	202.24shall be determined under chapter 256R, if the facility is accepted by the commissioner for
6620		-	202.25participation in the alternative payment demonstration project. The rate paid to this facility
6621		-	202.26shall also include adjustments to the room and board rate according to subdivision 1.
6622		-	202.27Sec. 22. [256K.50] EMERGENCY SHELTER FACILITIES.
6623		-	202.28 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
6624		-	202.29the meanings given.
6625		-	202.30 (b) "Commissioner" means the commissioner of human services.
6626		-	202Article 8 Sec. 22.
6627		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 203.1 (c) "Eligible applicant" means a statutory or home rule charter city, county, Tribal
6628		-	203.2government, not-for-profit corporation under section 501(c)(3) of the Internal Revenue
6629		-	203.3Code, or housing and redevelopment authority established under section 469.003.
6630		-	203.4 (d) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary,
6631		-	203.5accessible, and suitable emergency shelter for individuals and families experiencing
6632		-	203.6homelessness, regardless of whether the facility provides emergency shelter during the day,
6633		-	203.7overnight, or both.
6634		-	203.8 Subd. 2.Project criteria.The commissioner shall prioritize grants under this section
6635		-	203.9for projects that improve or expand emergency shelter facility options by:
6636		-	203.10 (1) adding additional emergency shelter facilities by renovating existing facilities not
6637		-	203.11currently operating as emergency shelter facilities;
6638		-	203.12 (2) adding additional emergency shelter facility beds by renovating existing emergency
6639		-	203.13shelter facilities, including major projects that address an accumulation of deferred
6640		-	203.14maintenance or repair or replacement of mechanical, electrical, and safety systems and
6641		-	203.15components in danger of failure;
6642		-	203.16 (3) adding additional emergency shelter facility beds through acquisition and construction
6643		-	203.17of new emergency shelter facilities;
6644		-	203.18 (4) improving the safety, sanitation, accessibility, and habitability of existing emergency
6645		-	203.19shelter facilities, including major projects that address an accumulation of deferred
6646		-	203.20maintenance or repair or replacement of mechanical, electrical, and safety systems and
6647		-	203.21components in danger of failure; and
6648		-	203.22 (5) improving access to emergency shelter facilities that provide culturally appropriate
6649		-	203.23shelter and gender-inclusive shelter.
6650		-	203.24 Subd. 3.Eligible uses of grant money.A grant under this section may be used to pay
6651		-	203.25for 100 percent of total project capital expenditures or a specified project phase, up to
6652		-	203.26$300,000 per project.
6653		-	203.27 Subd. 4.State and local building codes met.All projects funded with a grant under
6654		-	203.28this section must meet all applicable state and local building codes at the time of project
6655		-	203.29completion.
6656		-	203.30 Subd. 5.Competitive request for proposal process; priority.(a) The commissioner
6657		-	203.31must use a competitive request for proposal process to identify potential projects and eligible
6658		-	203.32applicants on a statewide basis. At least 40 percent of the appropriation for this purpose
6659		-	203.33must be awarded to projects located in greater Minnesota. If the commissioner does not
6660		-	203Article 8 Sec. 22.
6661		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 204.1receive sufficient eligible funding requests from greater Minnesota to award at least 40
6662		-	204.2percent of the appropriation for this purpose to projects in greater Minnesota, the
6663		-	204.3commissioner may award the remaining money to other eligible projects.
6664		-	204.4 (b) For eligible applicants seeking funding under this section for the acquisition and
6665		-	204.5construction of new emergency shelter facilities under subdivision 2, clause (3), the
6666		-	204.6commissioner must give priority to projects in which the eligible applicant will provide at
6667		-	204.7least ten percent of total project funding.
6668		-	204.8Sec. 23. HOUSING SUPPORT BACKGROUND STUDY EVALUATION.
6669		-	204.9 (a) The commissioner of human services shall conduct an evaluation of background
6670		-	204.10study requirements outlined in Minnesota Statutes, sections 245C.03, subdivision 10, and
6671		-	204.11256I.04, subdivision 2c, to:
6672		-	204.12 (1) assess the impact of eligibility, disqualifications, and processing times on supportive
6673		-	204.13housing and emergency shelter providers;
6674		-	204.14 (2) determine the applicability of alternative background study methods to protect the
6675		-	204.15individuals served by supportive housing and emergency shelter programs; and
6676		-	204.16 (3) make recommendations for reforms that address inefficiencies or weaknesses that
6677		-	204.17prevent qualified individuals from providing services or securing employment.
6678		-	204.18 (b) The commissioner shall contract with an independent contractor to complete the
6679		-	204.19evaluation and submit a report to the Department of Human Services.
6680		-	204.20 (c) Evaluation findings shall be summarized in a written report to the chairs and ranking
6681		-	204.21minority members of the legislative committees with jurisdiction over supportive housing
6682		-	204.22and human services licensing by December 1, 2027.
6683		-	204.23Sec. 24. DIRECTION TO COMMISSIONER; HOUSING SUPPORT TEMPORARY
6684		-	204.24SUPPLEMENTARY SERVICE RATES.
6685		-	204.25 The commissioner of human services shall increase housing support supplementary
6686		-	204.26services rates under Minnesota Statutes, section 256I.05, subdivision 1a, within available
6687		-	204.27appropriations for fiscal years 2026 and 2027.
6688		-	204.28Sec. 25. DIRECTION TO COMMISSIONER; INDIAN HEALTH SERVICE
6689		-	204.29ENCOUNTER RATE.
6690		-	204.30 The commissioner of human services must submit a state plan amendment to the Centers
6691		-	204.31for Medicare and Medicaid Services authorizing housing services as a new service category
6692		-	204Article 8 Sec. 25.
6693		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 205.1eligible for reimbursement at the outpatient per-day rate approved by the Indian Health
6694		-	205.2Service. This reimbursement is limited to services provided by facilities of the Indian Health
6695		-	205.3Service and facilities owned or operated by a Tribe or Tribal organization. For the purposes
6696		-	205.4of this section, "housing services" means housing stabilization services as described in
6697		-	205.5Minnesota Statutes, section 256B.051, subdivision 5, paragraphs (a) to (d).
6698		-	205.6 ARTICLE 9
6699		-	205.7 MISCELLANEOUS
6700		-	205.8Section 1. Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
6701		-	205.9 Subd. 11.Nursing facility level of care.(a) For purposes of medical assistance payment
6702		-	205.10of long-term care services, a recipient must be determined, using assessments defined in
6703		-	205.11subdivision 4, to meet one of the following nursing facility level of care criteria:
6704		-	205.12 (1) the person requires formal clinical monitoring at least once per day;
6705		-	205.13 (2) the person needs the assistance of another person or constant supervision to begin
6706		-	205.14and complete at least four of the following activities of living: bathing, bed mobility, dressing,
6707		-	205.15eating, grooming, toileting, transferring, and walking;
6708		-	205.16 (3) the person needs the assistance of another person or constant supervision to begin
6709		-	205.17and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
6710		-	205.18 (4) the person has significant difficulty with memory, using information, daily decision
6711		-	205.19making, or behavioral needs that require intervention;
6712		-	205.20 (5) the person has had a qualifying nursing facility stay of at least 90 days;
6713		-	205.21 (6) the person meets the nursing facility level of care criteria determined 90 days after
6714		-	205.22admission or on the first quarterly assessment after admission, whichever is later; or
6715		-	205.23 (7) the person is determined to be at risk for nursing facility admission or readmission
6716		-	205.24through a face-to-face long-term care consultation assessment as specified in section
6717		-	205.25256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
6718		-	205.26organization under contract with the Department of Human Services. The person is
6719		-	205.27considered at risk under this clause if the person currently lives alone or will live alone or
6720		-	205.28be homeless without the person's current housing and also meets one of the following criteria:
6721		-	205.29 (i) the person has experienced a fall resulting in a fracture;
6722		-	205.30 (ii) the person has been determined to be at risk of maltreatment or neglect, including
6723		-	205.31self-neglect; or
6724		-	205Article 9 Section 1.
6725		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 206.1 (iii) the person has a sensory impairment that substantially impacts functional ability
6726		-	206.2and maintenance of a community residence.
6727		-	206.3 (b) The assessment used to establish medical assistance payment for nursing facility
6728		-	206.4services must be the most recent assessment performed under subdivision 4, paragraphs (b)
6729		-	206.5and (c), that occurred no more than 90 calendar days before the effective date of medical
6730		-	206.6assistance eligibility for payment of long-term care services. In no case shall medical
6731		-	206.7assistance payment for long-term care services occur prior to the date of the determination
6732		-	206.8of nursing facility level of care.
6733		-	206.9 (c) The assessment used to establish medical assistance payment for long-term care
6734		-	206.10services provided under chapter 256S and section 256B.49 and alternative care payment
6735		-	206.11for services provided under section 256B.0913 must be the most recent face-to-face
6736		-	206.12assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
6737		-	206.13that occurred no more than 60 one calendar days year before the effective date of medical
6738		-	206.14assistance eligibility for payment of long-term care services.
6739		-	206.15Sec. 2. Minnesota Statutes 2024, section 256.01, subdivision 34, is amended to read:
6740		-	206.16 Subd. 34.Federal administrative reimbursement dedicated.Federal administrative
6741		-	206.17reimbursement resulting from the following activities is appropriated to the commissioner
6742		-	206.18for the designated purposes:
6743		-	206.19 (1) reimbursement for the Minnesota senior health options project; and
6744		-	206.20 (2) reimbursement related to prior authorization, review of medical necessity, and
6745		-	206.21inpatient admission certification by a professional review organization. A portion of these
6746		-	206.22funds must be used for activities to decrease unnecessary pharmaceutical costs in medical
6747		-	206.23assistance.; and
6748		-	206.24 (3) reimbursement for capacity building and implementation grant expenditures for the
6749		-	206.25medical assistance reentry demonstration waiver under section 256B.0761.
6750		-	206.26 ARTICLE 10
6751		-	206.27 FORECAST ADJUSTMENTS
6752		-	206.28Section 1. DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
6753		-	206.29 The dollar amounts shown in the columns marked "Appropriations" are added to or, if
6754		-	206.30shown in parentheses, are subtracted from the appropriations in Laws 2023, chapter 70,
6755		-	206.31article 20, from the general fund, or any other fund named, to the commissioner of human
6756		-	206.32services for the purposes specified in this article, to be available for the fiscal year indicated
6757		-	206Article 10 Section 1.
6758		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 207.1for each purpose. The figure "2025" used in this article means that the appropriations listed
6759		-	207.2are available for the fiscal year ending June 30, 2025.
6760		-	207.3 APPROPRIATIONS
6761		-	207.4 Available for the Year
6762		-	207.5 Ending June 30
6763		-	207.6 2025
6764		-	207.7Sec. 2. COMMISSIONER OF HUMAN
6765		-	207.8SERVICES
6766		-	53,115,000$207.9Subdivision 1.Total Appropriation
6767		-	207.10 Appropriations by Fund
6768		-	207.11 2025
6769		-	75,025,000207.12General
6770		-	(16,182,000)207.13Health Care Access
6771		-	(5,285,000)207.14Federal TANF
6772		-	207.15Subd. 2.Forecasted Programs
6773		-	207.16(a) Minnesota Family
6774		-	207.17Investment Program
6775		-	207.18(MFIP)/Diversionary Work
6776		-	207.19Program (DWP)
6777		-	207.20 Appropriations by Fund
6778		-	207.21 2025
6779		-	(5,951,000)207.22General
6780		-	(5,285,000)207.23Federal TANF
6781		-	(62,336,000)207.24(b) MFIP Child Care Assistance
6782		-	3,737,000207.25(c) General Assistance
6783		-	3,428,000207.26(d) Minnesota Supplemental Aid
6784		-	11,923,000207.27(e) Housing Support
6785		-	(9,526,000)207.28(f) Northstar Care for Children
6786		-	(16,182,000)207.29(g) MinnesotaCare
6787		-	207.30This appropriation is from the health care
6788		-	207.31access fund.
6789		-	207.32(h) Medical Assistance
6790		-	207.33 Appropriations by Fund
6791		-	207.34 2025
6792		-	207Article 10 Sec. 2.
6793		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT (1,735,000)208.1General
6794		-	(443,000)208.2Health Care Access
6795		-	135,928,000208.3(i) Behavioral Health Fund
6796		-	208.4Sec. 3. EFFECTIVE DATE.
6797		-	208.5 Sections 1 and 2 are effective the day following final enactment.
6798		-	208.6 ARTICLE 11
6799		-	208.7 DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS
6800		-	208.8Section 1. HUMAN SERVICES APPROPRIATIONS.
6801		-	208.9 The sums shown in the columns marked "Appropriations" are appropriated to the
6802		-	208.10commissioner of human services and for the purposes specified in this article. The
6803		-	208.11appropriations are from the general fund, or another named fund, and are available for the
6804		-	208.12fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article
6805		-	208.13mean that the appropriations listed under them are available for the fiscal year ending June
6806		-	208.1430, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second
6807		-	208.15year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
6808		-	208.16 APPROPRIATIONS
6809		-	208.17 Available for the Year
6810		-	208.18 Ending June 30
6811		-	2027208.19 2026
6812		-	8,882,498,000$8,836,144,000$208.20Sec. 2. TOTAL APPROPRIATION
6813		-	208.21Subdivision 1.Appropriations by Fund
6814		-	208.22 Appropriations by Fund
6815		-	2027208.23 2026
6816		-	8,829,140,0008,782,786,000208.24General
6817		-	163,000163,000208.25Lottery Prize
6818		-	4,273,0004,273,000
6819		-	208.26State Government
6820		-	208.27Special Revenue
6821		-	530,000530,000
6822		-	208.28Family and Medical
6823		-	208.29Benefit Insurance
6824		-	48,922,00048,922,000
6825		-	208.30Health Care Access
6826		-	208.31Fund
6827		-	208.32The amounts that may be spent for each
6828		-	208.33purpose are specified in the following sections.
6829		-	208Article 11 Sec. 2.
6830		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 209.1Subd. 2.Information Technology Appropriations
6831		-	209.2(a) IT Appropriations Generally
6832		-	209.3This appropriation includes funds for
6833		-	209.4information technology projects, services, and
6834		-	209.5support. Funding for information technology
6835		-	209.6project costs must be incorporated into the
6836		-	209.7service-level agreement and paid to Minnesota
6837		-	209.8IT Services by the Department of Human
6838		-	209.9Services under the rates and mechanism
6839		-	209.10specified in that agreement.
6840		-	209.11(b) Receipts for Systems Project
6841		-	209.12Appropriations and federal receipts for
6842		-	209.13information technology systems projects for
6843		-	209.14MAXIS, PRISM, MMIS, ISDS, METS, and
6844		-	209.15SSIS must be deposited in the state systems
6845		-	209.16account authorized in Minnesota Statutes,
6846		-	209.17section 256.014. Money appropriated for
6847		-	209.18information technology projects approved by
6848		-	209.19the commissioner of Minnesota IT Services,
6849		-	209.20funded by the legislature, and approved by the
6850		-	209.21commissioner of management and budget may
6851		-	209.22be transferred from one project to another and
6852		-	209.23from development to operations as the
6853		-	209.24commissioner of human services deems
6854		-	209.25necessary. Any unexpended balance in the
6855		-	209.26appropriation for these projects does not
6856		-	209.27cancel and is available for ongoing
6857		-	209.28development and operations.
6858		-	180,071,000$176,228,000$209.29Sec. 3. CENTRAL OFFICE; OPERATIONS
6859		-	209.30 Appropriations by Fund
6860		-	2027209.31 2026
6861		-	160,010,000156,167,000209.32General
6862		-	248,000248,000
6863		-	209.33State Government
6864		-	209.34Special Revenue
6865		-	209Article 11 Sec. 3.
6866		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 19,813,00019,813,000
6867		-	210.1Health Care Access
6868		-	210.2Fund
6869		-	530,000530,000
6870		-	210.3Paid Family Medical
6871		-	210.4Leave
6872		-	210.5The general fund base for this section is
6873		-	210.6$156,589,000 in fiscal year 2028 and
6874		-	210.7$156,879,000 in fiscal year 2029.
6875		-	68,980,000$72,312,000$210.8Sec. 4. CENTRAL OFFICE; HEALTH CARE
6876		-	210.9 Appropriations by Fund
6877		-	2027210.10 2026
6878		-	40,812,00044,144,000210.11General
6879		-	28,168,00028,168,000
6880		-	210.12Health Care Access
6881		-	210.13Fund
6882		-	53,025,000$54,438,000$
6883		-	210.14Sec. 5. CENTRAL OFFICE; AGING AND
6884		-	210.15DISABILITY SERVICES
6885		-	210.16Subdivision 1.Appropriations by Fund
6886		-	210.17 Appropriations by Fund
6887		-	2027210.18 2026
6888		-	52,900,00054,313,000210.19General
	2447	+	REVISOR AGW/AC 25-0033903/03/25 76.1defendant in order for navigators to carry out their duties under this section. A competency
	2448	+	76.2attainment program or alternative program may request a copy of the court order appointing
	2449	+	76.3the forensic navigator before disclosing any private information about a defendant.
	2450	+	76.4 ARTICLE 4
	2451	+	76.5 BEHAVIORAL HEALTH
	2452	+	76.6 Section 1. Minnesota Statutes 2024, section 245.4661, subdivision 2, is amended to read:
	2453	+	76.7 Subd. 2.Program design and implementation.Adult mental health initiatives shall
	2454	+	76.8be responsible for designing, planning, improving, and maintaining a mental health service
	2455	+	76.9delivery system for adults with serious and persistent mental illness that would:
	2456	+	76.10 (1) provide an expanded array of services from which clients can choose services
	2457	+	76.11appropriate to their needs;
	2458	+	76.12 (2) be based on purchasing strategies that improve access and coordinate services without
	2459	+	76.13cost shifting;
	2460	+	76.14 (3) prioritize evidence-based services and implement services that are promising practices
	2461	+	76.15or theory-based practices so that the service can be evaluated according to subdivision 5a;
	2462	+	76.16 (4) incorporate existing state facilities and resources into the community mental health
	2463	+	76.17infrastructure through creative partnerships with local vendors; and
	2464	+	76.18 (5) utilize existing categorical funding streams and reimbursement sources in combined
	2465	+	76.19and creative ways, except adult mental health initiative funding only after all other eligible
	2466	+	76.20funding sources have been applied. Appropriations and all funds that are attributable to the
	2467	+	76.21operation of state-operated services under the control of the Direct Care and Treatment
	2468	+	76.22executive board are excluded unless appropriated specifically by the legislature for a purpose
	2469	+	76.23consistent with this section.
	2470	+	76.24Sec. 2. Minnesota Statutes 2024, section 245.4661, subdivision 6, is amended to read:
	2471	+	76.25 Subd. 6.Duties of commissioner.(a) For purposes of adult mental health initiatives,
	2472	+	76.26the commissioner shall facilitate integration of funds or other resources as needed and
	2473	+	76.27requested by each adult mental health initiative. These resources may include:
	2474	+	76.28 (1) community support services funds administered under Minnesota Rules, parts
	2475	+	76.299535.1700 to 9535.1760;
	2476	+	76.30 (2) other mental health special project funds;
	2477	+	76Article 4 Sec. 2.
	2478	+	REVISOR AGW/AC 25-0033903/03/25 77.1 (3) medical assistance, MinnesotaCare, and housing support under chapter 256I if
	2479	+	77.2requested by the adult mental health initiative's managing entity and if the commissioner
	2480	+	77.3determines this would be consistent with the state's overall health care reform efforts; and
	2481	+	77.4 (4) regional treatment center resources, with consent from the Direct Care and Treatment
	2482	+	77.5executive board.
	2483	+	77.6 (b) The commissioner shall consider the following criteria in awarding grants for adult
	2484	+	77.7mental health initiatives:
	2485	+	77.8 (1) the ability of the initiatives to accomplish the objectives described in subdivision 2;
	2486	+	77.9 (2) the size of the target population to be served; and
	2487	+	77.10 (3) geographical distribution.
	2488	+	77.11 (c) (b) The commissioner shall review overall status of the initiatives at least every two
	2489	+	77.12years and recommend any legislative changes needed by January 15 of each odd-numbered
	2490	+	77.13year.
	2491	+	77.14 (d) (c) The commissioner may waive administrative rule requirements that are
	2492	+	77.15incompatible with the implementation of the adult mental health initiative.
	2493	+	77.16 (e) (d) The commissioner may exempt the participating counties from fiscal sanctions
	2494	+	77.17for noncompliance with requirements in laws and rules that are incompatible with the
	2495	+	77.18implementation of the adult mental health initiative.
	2496	+	77.19 (f) (e) The commissioner may award grants to an entity designated by a county board
	2497	+	77.20or group of county boards to pay for start-up and implementation costs of the adult mental
	2498	+	77.21health initiative.
	2499	+	77.22Sec. 3. Minnesota Statutes 2024, section 245.4661, subdivision 7, is amended to read:
	2500	+	77.23 Subd. 7.Duties of adult mental health initiative board.The adult mental health
	2501	+	77.24initiative board, or other entity which is approved to administer an adult mental health
	2502	+	77.25initiative, shall:
	2503	+	77.26 (1) administer the initiative in a manner that is consistent with the objectives described
	2504	+	77.27in subdivision 2 and the planning process described in subdivision 5;
	2505	+	77.28 (2) assure that no one is denied services that they would otherwise be eligible for; and
	2506	+	77.29 (3) provide the commissioner of human services with timely and pertinent information
	2507	+	77.30through the following methods:
	2508	+	77Article 4 Sec. 3.
	2509	+	REVISOR AGW/AC 25-0033903/03/25 78.1 (i) submission of mental health plans and plan amendments which are based on a format
	2510	+	78.2and timetable determined by the commissioner;
	2511	+	78.3 (ii) submission of social services expenditure and grant reconciliation reports, based on
	2512	+	78.4a coding format to be determined by mutual agreement between the initiative's managing
	2513	+	78.5entity and the commissioner; and
	2514	+	78.6 (iii) submission of data and participation in an evaluation of the adult mental health
	2515	+	78.7initiatives, to be designed cooperatively by the commissioner and the initiatives. For services
	2516	+	78.8provided to American Indians in Tribal nations or urban Indian communities, oral reports
	2517	+	78.9using a system designed in partnership between the commissioner and the reporting
	2518	+	78.10community satisfy the requirements of this clause.
	2519	+	78.11Sec. 4. Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
	2520	+	78.12 Subd. 4.Facility or program."Facility" or "program" means a nonresidential or
	2521	+	78.13residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
	2522	+	78.14facility, or program that provides services or treatment for mental illness, developmental
	2523	+	78.15disability, substance use disorder, or emotional disturbance that is required to be licensed,
	2524	+	78.16certified, or registered by the commissioner of human services, health, or education; a sober
	2525	+	78.17home recovery residence as defined in section 254B.01, subdivision 11; peer recovery
	2526	+	78.18support services provided by a recovery community organization as defined in section
	2527	+	78.19254B.01, subdivision 8; and an acute care inpatient facility that provides services or treatment
	2528	+	78.20for mental illness, developmental disability, substance use disorder, or emotional disturbance.
	2529	+	78.21 EFFECTIVE DATE.This section is effective January 1, 2027.
	2530	+	78.22Sec. 5. Minnesota Statutes 2024, section 245G.01, subdivision 13b, is amended to read:
	2531	+	78.23 Subd. 13b.Guest speaker."Guest speaker" means an individual who is not an alcohol
	2532	+	78.24and drug counselor qualified according to section 245G.11, subdivision 5; is not qualified
	2533	+	78.25according to the commissioner's list of professionals under section 245G.07, subdivision 3,
	2534	+	78.26clause (1); and who works under the direct observation of an alcohol and drug counselor to
	2535	+	78.27present to clients on topics in which the guest speaker has expertise and that the license
	2536	+	78.28holder has determined to be beneficial to a client's recovery. Tribally licensed programs
	2537	+	78.29have autonomy to identify the qualifications of their guest speakers.
	2538	+	78Article 4 Sec. 5.
	2539	+	REVISOR AGW/AC 25-0033903/03/25 79.1 Sec. 6. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
	2540	+	79.2read:
	2541	+	79.3 Subd. 13d.Individual counseling."Individual counseling" means professionally led
	2542	+	79.4psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one
	2543	+	79.5setting or in a setting with the client and the client's family and other natural supports.
	2544	+	79.6 Sec. 7. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
	2545	+	79.7read:
	2546	+	79.8 Subd. 20f.Psychoeducation."Psychoeducation" means the services described in section
	2547	+	79.9245G.07, subdivision 1a, clause (2).
	2548	+	79.10Sec. 8. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
	2549	+	79.11read:
	2550	+	79.12 Subd. 20g.Psychosocial treatment services."Psychosocial treatment services" means
	2551	+	79.13the services described in section 245G.07, subdivision 1a.
	2552	+	79.14Sec. 9. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to
	2553	+	79.15read:
	2554	+	79.16 Subd. 20h.Recovery support services."Recovery support services" means the services
	2555	+	79.17described in section 245G.07, subdivision 2a, paragraph (b), clause (1).
	2556	+	79.18Sec. 10. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
	2557	+	79.19to read:
	2558	+	79.20 Subd. 26a.Treatment coordination."Treatment coordination" means the services
	2559	+	79.21described in section 245G.07, subdivision 1b.
	2560	+	79.22Sec. 11. Minnesota Statutes 2024, section 245G.02, subdivision 2, is amended to read:
	2561	+	79.23 Subd. 2.Exemption from license requirement.This chapter does not apply to a county
	2562	+	79.24or recovery community organization that is providing a service for which the county or
	2563	+	79.25recovery community organization is an eligible vendor under section 254B.05. This chapter
	2564	+	79.26does not apply to an organization whose primary functions are information, referral,
	2565	+	79.27diagnosis, case management, and assessment for the purposes of client placement, education,
	2566	+	79.28support group services, or self-help programs. This chapter does not apply to the activities
	2567	+	79.29of a licensed professional in private practice. A license holder providing the initial set of
	2568	+	79.30substance use disorder services allowable under section 254A.03, subdivision 3, paragraph
	2569	+	79Article 4 Sec. 11.
	2570	+	REVISOR AGW/AC 25-0033903/03/25 80.1(c), to an individual referred to a licensed nonresidential substance use disorder treatment
	2571	+	80.2program after a positive screen for alcohol or substance misuse is exempt from sections
	2572	+	80.3245G.05; 245G.06, subdivisions 1, 1a, and 4; 245G.07, subdivisions 1, paragraph (a), clauses
	2573	+	80.4(2) to (4), and 2, clauses (1) to (7) subdivision 1a, clause (2); and 245G.17.
	2574	+	80.5 EFFECTIVE DATE.This section is effective July 1, 2026.
	2575	+	80.6 Sec. 12. Minnesota Statutes 2024, section 245G.07, subdivision 1, is amended to read:
	2576	+	80.7 Subdivision 1.Treatment service.(a) A licensed residential treatment program must
	2577	+	80.8offer the treatment services in clauses (1) to (5) subdivisions 1a and 1b and may offer the
	2578	+	80.9treatment services in subdivision 2 to each client, unless clinically inappropriate and the
	2579	+	80.10justifying clinical rationale is documented. A nonresidential The treatment program must
	2580	+	80.11offer all treatment services in clauses (1) to (5) and document in the individual treatment
	2581	+	80.12plan the specific services for which a client has an assessed need and the plan to provide
	2582	+	80.13the services:.
	2583	+	80.14 (1) individual and group counseling to help the client identify and address needs related
	2584	+	80.15to substance use and develop strategies to avoid harmful substance use after discharge and
	2585	+	80.16to help the client obtain the services necessary to establish a lifestyle free of the harmful
	2586	+	80.17effects of substance use disorder;
	2587	+	80.18 (2) client education strategies to avoid inappropriate substance use and health problems
	2588	+	80.19related to substance use and the necessary lifestyle changes to regain and maintain health.
	2589	+	80.20Client education must include information on tuberculosis education on a form approved
	2590	+	80.21by the commissioner, the human immunodeficiency virus according to section 245A.19,
	2591	+	80.22other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis;
	2592	+	80.23 (3) a service to help the client integrate gains made during treatment into daily living
	2593	+	80.24and to reduce the client's reliance on a staff member for support;
	2594	+	80.25 (4) a service to address issues related to co-occurring disorders, including client education
	2595	+	80.26on symptoms of mental illness, the possibility of comorbidity, and the need for continued
	2596	+	80.27medication compliance while recovering from substance use disorder. A group must address
	2597	+	80.28co-occurring disorders, as needed. When treatment for mental health problems is indicated,
	2598	+	80.29the treatment must be integrated into the client's individual treatment plan; and
	2599	+	80.30 (5) treatment coordination provided one-to-one by an individual who meets the staff
	2600	+	80.31qualifications in section 245G.11, subdivision 7. Treatment coordination services include:
	2601	+	80.32 (i) assistance in coordination with significant others to help in the treatment planning
	2602	+	80.33process whenever possible;
	2603	+	80Article 4 Sec. 12.
	2604	+	REVISOR AGW/AC 25-0033903/03/25 81.1 (ii) assistance in coordination with and follow up for medical services as identified in
	2605	+	81.2the treatment plan;
	2606	+	81.3 (iii) facilitation of referrals to substance use disorder services as indicated by a client's
	2607	+	81.4medical provider, comprehensive assessment, or treatment plan;
	2608	+	81.5 (iv) facilitation of referrals to mental health services as identified by a client's
	2609	+	81.6comprehensive assessment or treatment plan;
	2610	+	81.7 (v) assistance with referrals to economic assistance, social services, housing resources,
	2611	+	81.8and prenatal care according to the client's needs;
	2612	+	81.9 (vi) life skills advocacy and support accessing treatment follow-up, disease management,
	2613	+	81.10and education services, including referral and linkages to long-term services and supports
	2614	+	81.11as needed; and
	2615	+	81.12 (vii) documentation of the provision of treatment coordination services in the client's
	2616	+	81.13file.
	2617	+	81.14 (b) A treatment service provided to a client must be provided according to the individual
	2618	+	81.15treatment plan and must consider cultural differences and special needs of a client.
	2619	+	81.16 (c) A supportive service alone does not constitute a treatment service. Supportive services
	2620	+	81.17include:
	2621	+	81.18 (1) milieu management or supervising or monitoring clients without also providing a
	2622	+	81.19treatment service identified in subdivision 1a, 1b, or 2a;
	2623	+	81.20 (2) transporting clients; and
	2624	+	81.21 (3) waiting with clients for appointments at social service agencies, court hearings, and
	2625	+	81.22similar activities.
	2626	+	81.23 (d) A treatment service provided in a group setting must be provided in a cohesive
	2627	+	81.24manner and setting that allows every client receiving the service to interact and receive the
	2628	+	81.25same service at the same time.
	2629	+	81.26Sec. 13. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
	2630	+	81.27to read:
	2631	+	81.28 Subd. 1a.Psychosocial treatment service.Psychosocial treatment services must be
	2632	+	81.29provided according to the hours identified in section 254B.19 for the ASAM level of care
	2633	+	81.30provided to the client. A license holder must provide the following psychosocial treatment
	2634	+	81.31services as a part of the client's individual treatment:
	2635	+	81Article 4 Sec. 13.
	2636	+	REVISOR AGW/AC 25-0033903/03/25 82.1 (1) counseling services that provide a client with professional assistance in managing
	2637	+	82.2substance use disorder and co-occurring conditions, either individually or in a group setting.
	2638	+	82.3Counseling must:
	2639	+	82.4 (i) utilization of evidence-based techniques to help a client modify behavior, overcome
	2640	+	82.5obstacles, and achieve and sustain recovery through techniques such as active listening,
	2641	+	82.6guidance, discussion, feedback, and clarification;
	2642	+	82.7 (ii) help for the client to identify and address needs related to substance use, develop
	2643	+	82.8strategies to avoid harmful substance use, and establish a lifestyle free of the harmful effects
	2644	+	82.9of substance use disorder; and
	2645	+	82.10 (iii) work to improve well-being and mental health, resolve or mitigate symptomatic
	2646	+	82.11behaviors, beliefs, compulsions, thoughts, and emotions, and enhance relationships and
	2647	+	82.12social skills, while addressing client-centered psychological and emotional needs; and
	2648	+	82.13 (2) psychoeducation services to provide a client with information about substance use
	2649	+	82.14and co-occurring conditions, either individually or in a group setting. Psychoeducation
	2650	+	82.15includes structured presentations, interactive discussions, and practical exercises to help
	2651	+	82.16clients understand and manage their conditions effectively. Topics include but are not limited
	2652	+	82.17to:
	2653	+	82.18 (i) the causes of substance use disorder and co-occurring disorders;
	2654	+	82.19 (ii) behavioral techniques that help a client change behaviors, thoughts, and feelings;
	2655	+	82.20 (iii) the importance of maintaining mental health, including understanding symptoms
	2656	+	82.21of mental illness;
	2657	+	82.22 (iv) medications for addiction and psychiatric disorders and the importance of medication
	2658	+	82.23adherence;
	2659	+	82.24 (v) the importance of maintaining physical health, health-related risk factors associated
	2660	+	82.25with substance use disorder, and specific health education on tuberculosis, HIV, other
	2661	+	82.26sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis; and
	2662	+	82.27 (vi) harm-reduction strategies.
	2663	+	82.28Sec. 14. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
	2664	+	82.29to read:
	2665	+	82.30 Subd. 1b.Treatment coordination.(a) Treatment coordination must be provided
	2666	+	82.31one-to-one by an individual who meets the staff qualifications in section 245G.11, subdivision
	2667	+	82.327. Treatment coordination services include:
	2668	+	82Article 4 Sec. 14.
	2669	+	REVISOR AGW/AC 25-0033903/03/25 83.1 (1) coordinating directly with others involved in the client's treatment and recovery,
	2670	+	83.2including the referral source, family or natural supports, social services agencies, and external
	2671	+	83.3care providers;
	2672	+	83.4 (2) providing clients with training and facilitating connections to community resources
	2673	+	83.5that support recovery;
	2674	+	83.6 (3) assisting clients in obtaining necessary resources and services such as financial
	2675	+	83.7assistance, housing, food, clothing, medical care, education, harm reduction services,
	2676	+	83.8vocational support, and recreational services that promote recovery;
	2677	+	83.9 (4) helping clients connect and engage with self-help support groups and expand social
	2678	+	83.10support networks with family, friends, and organizations; and
	2679	+	83.11 (5) assisting clients in transitioning between levels of care, including providing direct
	2680	+	83.12connections to ensure continuity of care.
	2681	+	83.13 (b) Treatment coordination does not include coordinating services or communicating
	2682	+	83.14with staff members within the licensed program.
	2683	+	83.15 (c) Treatment coordination may be provided in a setting with the individual client and
	2684	+	83.16others involved in the client's treatment and recovery.
	2685	+	83.17Sec. 15. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
	2686	+	83.18to read:
	2687	+	83.19 Subd. 2a.Ancillary treatment service.(a) A license holder may provide ancillary
	2688	+	83.20services in addition to the hours of psychosocial treatment services identified in section
	2689	+	83.21254B.19 for the ASAM level of care provided to the client.
	2690	+	83.22 (b) A license holder may provide the following ancillary treatment services as a part of
	2691	+	83.23the client's individual treatment:
	2692	+	83.24 (1) recovery support services provided individually or in a group setting, that include:
	2693	+	83.25 (i) supporting clients in restoring daily living skills, such as health and health care
	2694	+	83.26navigation and self-care to enhance personal well-being;
	2695	+	83.27 (ii) providing resources and assistance to help clients restore life skills, including effective
	2696	+	83.28parenting, financial management, pro-social behavior, education, employment, and nutrition;
	2697	+	83.29 (iii) assisting clients in restoring daily functioning and routines affected by substance
	2698	+	83.30use and supporting them in developing skills for successful community integration; and
	2699	+	83Article 4 Sec. 15.
	2700	+	REVISOR AGW/AC 25-0033903/03/25 84.1 (iv) helping clients respond to or avoid triggers that threaten their community stability,
	2701	+	84.2assisting the client in identifying potential crises and developing a plan to address them,
	2702	+	84.3and providing support to restore the client's stability and functioning; and
	2703	+	84.4 (2) peer recovery support services provided according to sections 254B.05, subdivision
	2704	+	84.55, and 254B.052.
	2705	+	84.6 Sec. 16. Minnesota Statutes 2024, section 245G.07, subdivision 3, is amended to read:
	2706	+	84.7 Subd. 3.Counselors Treatment service providers.(a) All treatment services, except
	2707	+	84.8peer recovery support services and treatment coordination, must be provided by an alcohol
	2708	+	84.9and drug counselor qualified according to section 245G.11, subdivision 5, unless the
	2709	+	84.10individual providing the service is specifically qualified according to the accepted credential
	2710	+	84.11required to provide the service. The commissioner shall maintain a current list of
	2711	+	84.12professionals qualified to provide treatment services.
	2712	+	84.13 (b) Psychosocial treatment services must be provided by an alcohol and drug counselor
	2713	+	84.14qualified according to section 245G.11, subdivision 5, unless the individual providing the
	2714	+	84.15service is specifically qualified according to the accepted credential required to provide the
	2715	+	84.16service. The commissioner shall maintain a current list of professionals qualified to provide
	2716	+	84.17psychosocial treatment services.
	2717	+	84.18 (c) Treatment coordination must be provided by a treatment coordinator qualified
	2718	+	84.19according to section 245G.11, subdivision 7.
	2719	+	84.20 (d) Recovery support services must be provided by a behavioral health practitioner
	2720	+	84.21qualified according to section 245G.11, subdivision 12.
	2721	+	84.22 (e) Peer recovery support services must be provided by a recovery peer qualified
	2722	+	84.23according to section 245I.04, subdivision 18.
	2723	+	84.24Sec. 17. Minnesota Statutes 2024, section 245G.07, subdivision 4, is amended to read:
	2724	+	84.25 Subd. 4.Location of service provision.(a) The license holder must provide all treatment
	2725	+	84.26services a client receives at one of the license holder's substance use disorder treatment
	2726	+	84.27licensed locations or at a location allowed under paragraphs (b) to (f). If the services are
	2727	+	84.28provided at the locations in paragraphs (b) to (d), the license holder must document in the
	2728	+	84.29client record the location services were provided.
	2729	+	84.30 (b) The license holder may provide nonresidential individual treatment services at a
	2730	+	84.31client's home or place of residence.
	2731	+	84Article 4 Sec. 17.
	2732	+	REVISOR AGW/AC 25-0033903/03/25 85.1 (c) If the license holder provides treatment services by telehealth, the services must be
	2733	+	85.2provided according to this paragraph:
	2734	+	85.3 (1) the license holder must maintain a licensed physical location in Minnesota where
	2735	+	85.4the license holder must offer all treatment services in subdivision 1, paragraph (a), clauses
	2736	+	85.5(1) to (4), 1a physically in-person to each client;
	2737	+	85.6 (2) the license holder must meet all requirements for the provision of telehealth in sections
	2738	+	85.7254B.05, subdivision 5, paragraph (f), and 256B.0625, subdivision 3b. The license holder
	2739	+	85.8must document all items in section 256B.0625, subdivision 3b, paragraph (c), for each client
	2740	+	85.9receiving services by telehealth, regardless of payment type or whether the client is a medical
	2741	+	85.10assistance enrollee;
	2742	+	85.11 (3) the license holder may provide treatment services by telehealth to clients individually;
	2743	+	85.12 (4) the license holder may provide treatment services by telehealth to a group of clients
	2744	+	85.13that are each in a separate physical location;
	2745	+	85.14 (5) the license holder must not provide treatment services remotely by telehealth to a
	2746	+	85.15group of clients meeting together in person, unless permitted under clause (7);
	2747	+	85.16 (6) clients and staff may join an in-person group by telehealth if a staff member qualified
	2748	+	85.17to provide the treatment service is physically present with the group of clients meeting
	2749	+	85.18together in person; and
	2750	+	85.19 (7) the qualified professional providing a residential group treatment service by telehealth
	2751	+	85.20must be physically present on-site at the licensed residential location while the service is
	2752	+	85.21being provided. If weather conditions or short-term illness prohibit a qualified professional
	2753	+	85.22from traveling to the residential program and another qualified professional is not available
	2754	+	85.23to provide the service, a qualified professional may provide a residential group treatment
	2755	+	85.24service by telehealth from a location away from the licensed residential location. In such
	2756	+	85.25circumstances, the license holder must ensure that a qualified professional does not provide
	2757	+	85.26a residential group treatment service by telehealth from a location away from the licensed
	2758	+	85.27residential location for more than one day at a time, must ensure that a staff person who
	2759	+	85.28qualifies as a paraprofessional is physically present with the group of clients, and must
	2760	+	85.29document the reason for providing the remote telehealth service in the records of clients
	2761	+	85.30receiving the service. The license holder must document the dates that residential group
	2762	+	85.31treatment services were provided by telehealth from a location away from the licensed
	2763	+	85.32residential location in a central log and must provide the log to the commissioner upon
	2764	+	85.33request.
	2765	+	85Article 4 Sec. 17.
	2766	+	REVISOR AGW/AC 25-0033903/03/25 86.1 (d) The license holder may provide the additional ancillary treatment services under
	2767	+	86.2subdivision 2, clauses (2) to (6) and (8), 2a away from the licensed location at a suitable
	2768	+	86.3location appropriate to the treatment service.
	2769	+	86.4 (e) Upon written approval from the commissioner for each satellite location, the license
	2770	+	86.5holder may provide nonresidential treatment services at satellite locations that are in a
	2771	+	86.6school, jail, or nursing home. A satellite location may only provide services to students of
	2772	+	86.7the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing
	2773	+	86.8homes are exempt from the licensing requirements in section 245A.04, subdivision 2a, to
	2774	+	86.9document compliance with building codes, fire and safety codes, health rules, and zoning
	2775	+	86.10ordinances.
	2776	+	86.11 (f) The commissioner may approve other suitable locations as satellite locations for
	2777	+	86.12nonresidential treatment services. The commissioner may require satellite locations under
	2778	+	86.13this paragraph to meet all applicable licensing requirements. The license holder may not
	2779	+	86.14have more than two satellite locations per license under this paragraph.
	2780	+	86.15 (g) The license holder must provide the commissioner access to all files, documentation,
	2781	+	86.16staff persons, and any other information the commissioner requires at the main licensed
	2782	+	86.17location for all clients served at any location under paragraphs (b) to (f).
	2783	+	86.18 (h) Notwithstanding sections 245A.65, subdivision 2, and 626.557, subdivision 14, a
	2784	+	86.19program abuse prevention plan is not required for satellite or other locations under paragraphs
	2785	+	86.20(b) to (e). An individual abuse prevention plan is still required for any client that is a
	2786	+	86.21vulnerable adult as defined in section 626.5572, subdivision 21.
	2787	+	86.22Sec. 18. Minnesota Statutes 2024, section 245G.11, subdivision 6, is amended to read:
	2788	+	86.23 Subd. 6.Paraprofessionals.A paraprofessional must have knowledge of client rights,
	2789	+	86.24according to section 148F.165, and staff member responsibilities. A paraprofessional may
	2790	+	86.25not make decisions to admit, transfer, or discharge a client but may perform tasks related
	2791	+	86.26to intake and orientation. A paraprofessional may be the responsible for the delivery of
	2792	+	86.27treatment service staff member according to section 245G.10, subdivision 3. A
	2793	+	86.28paraprofessional is not qualified to provide a treatment service according to section 245G.07,
	2794	+	86.29subdivisions 1a, 1b, and 2a.
	2795	+	86.30Sec. 19. Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read:
	2796	+	86.31 Subd. 7.Treatment coordination provider qualifications.(a) Treatment coordination
	2797	+	86.32must be provided by qualified staff. An individual is qualified to provide treatment
	2798	+	86Article 4 Sec. 19.
	2799	+	REVISOR AGW/AC 25-0033903/03/25 87.1coordination if the individual meets the qualifications of an alcohol and drug counselor
	2800	+	87.2under subdivision 5 or if the individual:
	2801	+	87.3 (1) is skilled in the process of identifying and assessing a wide range of client needs;
	2802	+	87.4 (2) is knowledgeable about local community resources and how to use those resources
	2803	+	87.5for the benefit of the client;
	2804	+	87.6 (3) has successfully completed 30 hours of classroom instruction on treatment
	2805	+	87.7coordination for an individual with substance use disorder;
	2806	+	87.8 (4) has either: a high school diploma or equivalent; and
	2807	+	87.9 (i) a bachelor's degree in one of the behavioral sciences or related fields; or
	2808	+	87.10 (ii) current certification as an alcohol and drug counselor, level I, by the Upper Midwest
	2809	+	87.11Indian Council on Addictive Disorders; and
	2810	+	87.12 (5) has at least 2,000 1,000 hours of supervised experience working with individuals
	2811	+	87.13with substance use disorder.
	2812	+	87.14 (b) A treatment coordinator must receive at least one hour of supervision regarding
	2813	+	87.15individual service delivery from an alcohol and drug counselor, or a mental health
	2814	+	87.16professional who has substance use treatment and assessments within the scope of their
	2815	+	87.17practice, on a monthly basis.
	2816	+	87.18Sec. 20. Minnesota Statutes 2024, section 245G.11, is amended by adding a subdivision
	2817	+	87.19to read:
	2818	+	87.20 Subd. 12.Behavioral health practitioners.(a) A behavioral health practitioner must
	2819	+	87.21meet the qualifications in section 245I.04, subdivision 4.
	2820	+	87.22 (b) A behavioral health practitioner working within a substance use disorder treatment
	2821	+	87.23program licensed under this chapter has the following scope of practice:
	2822	+	87.24 (1) a behavioral health practitioner may provide clients with recovery support services,
	2823	+	87.25as defined in section 245G.07, subdivision 2a, paragraph (b), clause (1); and
	2824	+	87.26 (2) a behavioral health practitioner must not provide treatment supervision to other staff
	2825	+	87.27persons.
	2826	+	87.28 (c) A behavioral health practitioner working within a substance use disorder treatment
	2827	+	87.29program licensed under this chapter must receive at least one hour of supervision per month
	2828	+	87.30on individual service delivery from an alcohol and drug counselor or a mental health
	2829	+	87Article 4 Sec. 20.
	2830	+	REVISOR AGW/AC 25-0033903/03/25 88.1professional who has substance use treatment and assessments within the scope of their
	2831	+	88.2practice.
	2832	+	88.3 Sec. 21. Minnesota Statutes 2024, section 245G.22, subdivision 11, is amended to read:
	2833	+	88.4 Subd. 11.Waiting list.An opioid treatment program must have a waiting list system.
	2834	+	88.5If the person seeking admission cannot be admitted within 14 days of the date of application,
	2835	+	88.6each person seeking admission must be placed on the waiting list, unless the person seeking
	2836	+	88.7admission is assessed by the program and found ineligible for admission according to this
	2837	+	88.8chapter and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12 (e),
	2838	+	88.9and title 45, parts 160 to 164. The waiting list must assign a unique client identifier for each
	2839	+	88.10person seeking treatment while awaiting admission. A person seeking admission on a waiting
	2840	+	88.11list who receives no services under section 245G.07, subdivision 1 1a or 1b, must not be
	2841	+	88.12considered a client as defined in section 245G.01, subdivision 9.
	2842	+	88.13Sec. 22. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
	2843	+	88.14 Subd. 15.Nonmedication treatment services; documentation.(a) The program must
	2844	+	88.15offer at least 50 consecutive minutes of individual or group therapy treatment services as
	2845	+	88.16defined in section 245G.07, subdivision 1, paragraph (a) 1a, clause (1), per week, for the
	2846	+	88.17first ten weeks following the day of service initiation, and at least 50 consecutive minutes
	2847	+	88.18per month thereafter. As clinically appropriate, the program may offer these services
	2848	+	88.19cumulatively and not consecutively in increments of no less than 15 minutes over the required
	2849	+	88.20time period, and for a total of 60 minutes of treatment services over the time period, and
	2850	+	88.21must document the reason for providing services cumulatively in the client's record. The
	2851	+	88.22program may offer additional levels of service when deemed clinically necessary.
	2852	+	88.23 (b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
	2853	+	88.24the assessment must be completed within 21 days from the day of service initiation.
	2854	+	88.25Sec. 23. Minnesota Statutes 2024, section 254A.19, subdivision 4, is amended to read:
	2855	+	88.26 Subd. 4.Civil commitments.For the purposes of determining level of care, a
	2856	+	88.27comprehensive assessment does not need to be completed for an individual being committed
	2857	+	88.28as a chemically dependent person, as defined in section 253B.02, and for the duration of a
	2858	+	88.29civil commitment under section 253B.09 or 253B.095 in order for a county the individual
	2859	+	88.30to access be eligible for the behavioral health fund under section 254B.04. The county
	2860	+	88.31commissioner must determine if the individual meets the financial eligibility requirements
	2861	+	88.32for the behavioral health fund under section 254B.04.
	2862	+	88Article 4 Sec. 23.
	2863	+	REVISOR AGW/AC 25-0033903/03/25 89.1 EFFECTIVE DATE.This section is effective July 1, 2025.
	2864	+	89.2 Sec. 24. Minnesota Statutes 2024, section 254B.01, subdivision 10, is amended to read:
	2865	+	89.3 Subd. 10.Skilled Psychosocial treatment services."Skilled Psychosocial treatment
	2866	+	89.4services" includes the treatment services described in section 245G.07, subdivisions 1,
	2867	+	89.5paragraph (a), clauses (1) to (4), and 2, clauses (1) to (6). Skilled subdivision 1a. Psychosocial
	2868	+	89.6treatment services must be provided by qualified professionals as identified in section
	2869	+	89.7245G.07, subdivision 3, paragraph (b).
	2870	+	89.8 Sec. 25. Minnesota Statutes 2024, section 254B.01, subdivision 11, is amended to read:
	2871	+	89.9 Subd. 11.Sober home Recovery residence.A sober home recovery residence is a
	2872	+	89.10cooperative living residence, a room and board residence, an apartment, or any other living
	2873	+	89.11accommodation that:
	2874	+	89.12 (1) provides temporary housing to persons with substance use disorders;
	2875	+	89.13 (2) stipulates that residents must abstain from using alcohol or other illicit drugs or
	2876	+	89.14substances not prescribed by a physician;
	2877	+	89.15 (3) charges a fee for living there;
	2878	+	89.16 (4) does not provide counseling or treatment services to residents;
	2879	+	89.17 (5) promotes sustained recovery from substance use disorders; and
	2880	+	89.18 (6) follows the sober living guidelines published by the federal Substance Abuse and
	2881	+	89.19Mental Health Services Administration.
	2882	+	89.20 EFFECTIVE DATE.This section is effective January 1, 2027.
	2883	+	89.21Sec. 26. Minnesota Statutes 2024, section 254B.02, subdivision 5, is amended to read:
	2884	+	89.22 Subd. 5.Local agency Tribal allocation.The commissioner may make payments to
	2885	+	89.23local agencies Tribal Nation servicing agencies from money allocated under this section to
	2886	+	89.24support individuals with substance use disorders and determine eligibility for behavioral
	2887	+	89.25health fund payments. The payment must not be less than 133 percent of the local agency
	2888	+	89.26Tribal Nations payment for the fiscal year ending June 30, 2009, adjusted in proportion to
	2889	+	89.27the statewide change in the appropriation for this chapter.
	2890	+	89.28 EFFECTIVE DATE.This section is effective July 1, 2025.
	2891	+	89Article 4 Sec. 26.
	2892	+	REVISOR AGW/AC 25-0033903/03/25 90.1 Sec. 27. Minnesota Statutes 2024, section 254B.03, subdivision 1, is amended to read:
	2893	+	90.2 Subdivision 1.Local agency duties Financial eligibility determinations.(a) Every
	2894	+	90.3local agency The commissioner of human services or Tribal Nation servicing agencies must
	2895	+	90.4determine financial eligibility for substance use disorder services and provide substance
	2896	+	90.5use disorder services to persons residing within its jurisdiction who meet criteria established
	2897	+	90.6by the commissioner. Substance use disorder money must be administered by the local
	2898	+	90.7agencies according to law and rules adopted by the commissioner under sections 14.001 to
	2899	+	90.814.69.
	2900	+	90.9 (b) In order to contain costs, the commissioner of human services shall select eligible
	2901	+	90.10vendors of substance use disorder services who can provide economical and appropriate
	2902	+	90.11treatment. Unless the local agency is a social services department directly administered by
	2903	+	90.12a county or human services board, the local agency shall not be an eligible vendor under
	2904	+	90.13section 254B.05. The commissioner may approve proposals from county boards to provide
	2905	+	90.14services in an economical manner or to control utilization, with safeguards to ensure that
	2906	+	90.15necessary services are provided. If a county implements a demonstration or experimental
	2907	+	90.16medical services funding plan, the commissioner shall transfer the money as appropriate.
	2908	+	90.17 (c) An individual may choose to obtain a comprehensive assessment as provided in
	2909	+	90.18section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
	2910	+	90.19provider that is licensed to provide the level of service authorized pursuant to section
	2911	+	90.20254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
	2912	+	90.21must comply with any provider network requirements or limitations.
	2913	+	90.22 (d) Beginning July 1, 2022, local agencies shall not make placement location
	2914	+	90.23determinations.
	2915	+	90.24 EFFECTIVE DATE.This section is effective July 1, 2025.
	2916	+	90.25Sec. 28. Minnesota Statutes 2024, section 254B.03, subdivision 3, is amended to read:
	2917	+	90.26 Subd. 3.Local agencies Counties to pay state for county share.Local agencies
	2918	+	90.27Counties shall pay the state for the county share of the services authorized by the local
	2919	+	90.28agency commissioner, except when the payment is made according to section 254B.09,
	2920	+	90.29subdivision 8.
	2921	+	90.30 EFFECTIVE DATE.This section is effective July 1, 2025.
	2922	+	90Article 4 Sec. 28.
	2923	+	REVISOR AGW/AC 25-0033903/03/25 91.1 Sec. 29. Minnesota Statutes 2024, section 254B.03, subdivision 4, is amended to read:
	2924	+	91.2 Subd. 4.Division of costs.(a) Except for services provided by a county under section
	2925	+	91.3254B.09, subdivision 1, or services provided under section 256B.69, the county shall, out
	2926	+	91.4of local money, pay the state for 22.95 50 percent of the cost of substance use disorder
	2927	+	91.5services, except for those individuals living in carceral settings. The county shall pay the
	2928	+	91.6state 22.95 percent of the cost of substance use disorder services for individuals in carceral
	2929	+	91.7settings. Services provided to persons enrolled in medical assistance under chapter 256B
	2930	+	91.8and room and board services under section 254B.05, subdivision 5, paragraph (b), are
	2931	+	91.9exempted from county contributions. Counties may use the indigent hospitalization levy
	2932	+	91.10for treatment and hospital payments made under this section.
	2933	+	91.11 (b) 22.95 50 percent of any state collections from private or third-party pay, less 15
	2934	+	91.12percent for the cost of payment and collections, must be distributed to the county that paid
	2935	+	91.13for a portion of the treatment under this section.
	2936	+	91.14 EFFECTIVE DATE.This section is effective July 1, 2025.
	2937	+	91.15Sec. 30. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
	2938	+	91.16 Subd. 1a.Client eligibility.(a) Persons eligible for benefits under Code of Federal
	2939	+	91.17Regulations, title 25, part 20, who meet the income standards of section 256B.056,
	2940	+	91.18subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
	2941	+	91.19fund services. State money appropriated for this paragraph must be placed in a separate
	2942	+	91.20account established for this purpose.
	2943	+	91.21 (b) Persons with dependent children who are determined to be in need of substance use
	2944	+	91.22disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
	2945	+	91.23need of chemical dependency treatment pursuant to a case plan under section 260C.201,
	2946	+	91.24subdivision 6, or 260C.212, shall be assisted by the local agency commissioner to access
	2947	+	91.25needed treatment services. Treatment services must be appropriate for the individual or
	2948	+	91.26family, which may include long-term care treatment or treatment in a facility that allows
	2949	+	91.27the dependent children to stay in the treatment facility. The county shall pay for out-of-home
	2950	+	91.28placement costs, if applicable.
	2951	+	91.29 (c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
	2952	+	91.30MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
	2953	+	91.315, paragraph (b), clause (9).
	2954	+	91.32 (d) A client is eligible to have substance use disorder treatment paid for with funds from
	2955	+	91.33the behavioral health fund when the client:
	2956	+	91Article 4 Sec. 30.
	2957	+	REVISOR AGW/AC 25-0033903/03/25 92.1 (1) is eligible for MFIP as determined under chapter 142G;
	2958	+	92.2 (2) is eligible for medical assistance as determined under Minnesota Rules, parts
	2959	+	92.39505.0010 to 9505.0150 9505.140;
	2960	+	92.4 (3) is eligible for general assistance, general assistance medical care, or work readiness
	2961	+	92.5as determined under Minnesota Rules, parts 9500.1200 to 9500.1318 9500.1272; or
	2962	+	92.6 (4) has income that is within current household size and income guidelines for entitled
	2963	+	92.7persons, as defined in this subdivision and subdivision 7.
	2964	+	92.8 (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
	2965	+	92.9a third-party payment source are eligible for the behavioral health fund if the third-party
	2966	+	92.10payment source pays less than 100 percent of the cost of treatment services for eligible
	2967	+	92.11clients.
	2968	+	92.12 (f) A client is ineligible to have substance use disorder treatment services paid for with
	2969	+	92.13behavioral health fund money if the client:
	2970	+	92.14 (1) has an income that exceeds current household size and income guidelines for entitled
	2971	+	92.15persons as defined in this subdivision and subdivision 7; or
	2972	+	92.16 (2) has an available third-party payment source that will pay the total cost of the client's
	2973	+	92.17treatment.
	2974	+	92.18 (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
	2975	+	92.19is eligible for continued treatment service that is paid for by the behavioral health fund until
	2976	+	92.20the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
	2977	+	92.21if the client:
	2978	+	92.22 (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
	2979	+	92.23medical care; or
	2980	+	92.24 (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
	2981	+	92.25agency the commissioner under section 254B.04.
	2982	+	92.26 (h) When a county commits a client under chapter 253B to a regional treatment center
	2983	+	92.27for substance use disorder services and the client is ineligible for the behavioral health fund,
	2984	+	92.28the county is responsible for the payment to the regional treatment center according to
	2985	+	92.29section 254B.05, subdivision 4.
	2986	+	92.30 (i) Persons enrolled in MinnesotaCare are eligible for room and board services when
	2987	+	92.31provided through intensive residential treatment services and residential crisis services under
	2988	+	92.32section 256B.0622.
	2989	+	92Article 4 Sec. 30.
	2990	+	REVISOR AGW/AC 25-0033903/03/25 93.1 (j) A person is eligible for one 60-consecutive-calendar-day period per year. A person
	2991	+	93.2may submit a request for additional eligibility to the commissioner. A person denied
	2992	+	93.3additional eligibility under this paragraph may request a state agency hearing under section
	2993	+	93.4256.045.
	2994	+	93.5 EFFECTIVE DATE.This section is effective July 1, 2025.
	2995	+	93.6 Sec. 31. Minnesota Statutes 2024, section 254B.04, subdivision 5, is amended to read:
	2996	+	93.7 Subd. 5.Local agency Commissioner responsibility to provide administrative
	2997	+	93.8services.The local agency commissioner of human services may employ individuals to
	2998	+	93.9conduct administrative activities and facilitate access to substance use disorder treatment
	2999	+	93.10services.
	3000	+	93.11Sec. 32. Minnesota Statutes 2024, section 254B.04, subdivision 6, is amended to read:
	3001	+	93.12 Subd. 6.Local agency Commissioner to determine client financial eligibility.(a)
	3002	+	93.13The local agency commissioner shall determine a client's financial eligibility for the
	3003	+	93.14behavioral health fund according to section 254B.04, subdivision 1a, with the income
	3004	+	93.15calculated prospectively for one year from the date of request. The local agency commissioner
	3005	+	93.16shall pay for eligible clients according to chapter 256G. Client eligibility must be determined
	3006	+	93.17using only forms prescribed by the commissioner unless the local agency has a reasonable
	3007	+	93.18basis for believing that the information submitted on a form is false. To determine a client's
	3008	+	93.19eligibility, the local agency commissioner must determine the client's income, the size of
	3009	+	93.20the client's household, the availability of a third-party payment source, and a responsible
	3010	+	93.21relative's ability to pay for the client's substance use disorder treatment.
	3011	+	93.22 (b) A client who is a minor child must not be deemed to have income available to pay
	3012	+	93.23for substance use disorder treatment, unless the minor child is responsible for payment under
	3013	+	93.24section 144.347 for substance use disorder treatment services sought under section 144.343,
	3014	+	93.25subdivision 1.
	3015	+	93.26 (c) The local agency commissioner must determine the client's household size as follows:
	3016	+	93.27 (1) if the client is a minor child, the household size includes the following persons living
	3017	+	93.28in the same dwelling unit:
	3018	+	93.29 (i) the client;
	3019	+	93.30 (ii) the client's birth or adoptive parents; and
	3020	+	93.31 (iii) the client's siblings who are minors; and
	3021	+	93Article 4 Sec. 32.
	3022	+	REVISOR AGW/AC 25-0033903/03/25 94.1 (2) if the client is an adult, the household size includes the following persons living in
	3023	+	94.2the same dwelling unit:
	3024	+	94.3 (i) the client;
	3025	+	94.4 (ii) the client's spouse;
	3026	+	94.5 (iii) the client's minor children; and
	3027	+	94.6 (iv) the client's spouse's minor children.
	3028	+	94.7For purposes of this paragraph, household size includes a person listed in clauses (1) and
	3029	+	94.8(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing
	3030	+	94.9to the cost of care of the person in out-of-home placement.
	3031	+	94.10 (d) The local agency commissioner must determine the client's current prepaid health
	3032	+	94.11plan enrollment, the availability of a third-party payment source, including the availability
	3033	+	94.12of total payment, partial payment, and amount of co-payment.
	3034	+	94.13 (e) The local agency must provide the required eligibility information to the department
	3035	+	94.14in the manner specified by the department.
	3036	+	94.15 (f) (e) The local agency commissioner shall require the client and policyholder to
	3037	+	94.16conditionally assign to the department the client and policyholder's rights and the rights of
	3038	+	94.17minor children to benefits or services provided to the client if the department is required to
	3039	+	94.18collect from a third-party pay source.
	3040	+	94.19 (g) (f) The local agency commissioner must redetermine determine a client's eligibility
	3041	+	94.20for the behavioral health fund every 12 months for a 60-consecutive-calendar-day period
	3042	+	94.21per calendar year.
	3043	+	94.22 (h) (g) A client, responsible relative, and policyholder must provide income or wage
	3044	+	94.23verification, household size verification, and must make an assignment of third-party payment
	3045	+	94.24rights under paragraph (f) (e). If a client, responsible relative, or policyholder does not
	3046	+	94.25comply with the provisions of this subdivision, the client is ineligible for behavioral health
	3047	+	94.26fund payment for substance use disorder treatment, and the client and responsible relative
	3048	+	94.27must be obligated to pay for the full cost of substance use disorder treatment services
	3049	+	94.28provided to the client.
	3050	+	94.29Sec. 33. Minnesota Statutes 2024, section 254B.04, subdivision 6a, is amended to read:
	3051	+	94.30 Subd. 6a.Span of eligibility.The local agency commissioner must enter the financial
	3052	+	94.31eligibility span within five business days of a request. If the comprehensive assessment is
	3053	+	94.32completed within the timelines required under chapter 245G, then the span of eligibility
	3054	+	94Article 4 Sec. 33.
	3055	+	REVISOR AGW/AC 25-0033903/03/25 95.1must begin on the date services were initiated. If the comprehensive assessment is not
	3056	+	95.2completed within the timelines required under chapter 245G, then the span of eligibility
	3057	+	95.3must begin on the date the comprehensive assessment was completed.
	3058	+	95.4 Sec. 34. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
	3059	+	95.5 Subdivision 1.Licensure or certification required.(a) Programs licensed by the
	3060	+	95.6commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
	3061	+	95.7eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
	3062	+	95.8programs that provide substance use disorder treatment, extended care, transitional residence,
	3063	+	95.9or outpatient treatment services, and are licensed by tribal government are eligible vendors.
	3064	+	95.10 (b) A licensed professional in private practice as defined in section 245G.01, subdivision
	3065	+	95.1117, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
	3066	+	95.12vendor of a comprehensive assessment provided according to section 254A.19, subdivision
	3067	+	95.133, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
	3068	+	95.141, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6). subdivisions
	3069	+	95.151, 1a, and 1b.
	3070	+	95.16 (c) A county is an eligible vendor for a comprehensive assessment when provided by
	3071	+	95.17an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
	3072	+	95.18and completed according to the requirements of section 254A.19, subdivision 3. A county
	3073	+	95.19is an eligible vendor of care treatment coordination services when provided by an individual
	3074	+	95.20who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
	3075	+	95.21according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5)
	3076	+	95.221b. A county is an eligible vendor of peer recovery services when the services are provided
	3077	+	95.23by an individual who meets the requirements of section 245G.11, subdivision 8, and
	3078	+	95.24according to section 254B.052.
	3079	+	95.25 (d) A recovery community organization that meets the requirements of clauses (1) to
	3080	+	95.26(14) and meets certification or accreditation requirements of the Alliance for Recovery
	3081	+	95.27Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,
	3082	+	95.28or a Minnesota statewide recovery organization identified by the commissioner is an eligible
	3083	+	95.29vendor of peer recovery support services. A Minnesota statewide recovery organization
	3084	+	95.30identified by the commissioner must update recovery community organization applicants
	3085	+	95.31for certification or accreditation on the status of the application within 45 days of receipt.
	3086	+	95.32If the approved statewide recovery organization denies an application, it must provide a
	3087	+	95.33written explanation for the denial to the recovery community organization. Eligible vendors
	3088	+	95.34under this paragraph must:
	3089	+	95Article 4 Sec. 34.
	3090	+	REVISOR AGW/AC 25-0033903/03/25 96.1 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
	3091	+	96.2free from conflicting self-interests, and be autonomous in decision-making, program
	3092	+	96.3development, peer recovery support services provided, and advocacy efforts for the purpose
	3093	+	96.4of supporting the recovery community organization's mission;
	3094	+	96.5 (2) be led and governed by individuals in the recovery community, with more than 50
	3095	+	96.6percent of the board of directors or advisory board members self-identifying as people in
	3096	+	96.7personal recovery from substance use disorders;
	3097	+	96.8 (3) have a mission statement and conduct corresponding activities indicating that the
	3098	+	96.9organization's primary purpose is to support recovery from substance use disorder;
	3099	+	96.10 (4) demonstrate ongoing community engagement with the identified primary region and
	3100	+	96.11population served by the organization, including individuals in recovery and their families,
	3101	+	96.12friends, and recovery allies;
	3102	+	96.13 (5) be accountable to the recovery community through documented priority-setting and
	3103	+	96.14participatory decision-making processes that promote the engagement of, and consultation
	3104	+	96.15with, people in recovery and their families, friends, and recovery allies;
	3105	+	96.16 (6) provide nonclinical peer recovery support services, including but not limited to
	3106	+	96.17recovery support groups, recovery coaching, telephone recovery support, skill-building,
	3107	+	96.18and harm-reduction activities, and provide recovery public education and advocacy;
	3108	+	96.19 (7) have written policies that allow for and support opportunities for all paths toward
	3109	+	96.20recovery and refrain from excluding anyone based on their chosen recovery path, which
	3110	+	96.21may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
	3111	+	96.22paths;
	3112	+	96.23 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people
	3113	+	96.24of color communities, LGBTQ+ communities, and other underrepresented or marginalized
	3114	+	96.25communities. Organizational practices may include board and staff training, service offerings,
	3115	+	96.26advocacy efforts, and culturally informed outreach and services;
	3116	+	96.27 (9) use recovery-friendly language in all media and written materials that is supportive
	3117	+	96.28of and promotes recovery across diverse geographical and cultural contexts and reduces
	3118	+	96.29stigma;
	3119	+	96.30 (10) establish and maintain a publicly available recovery community organization code
	3120	+	96.31of ethics and grievance policy and procedures;
	3121	+	96.32 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
	3122	+	96.33independent contractor;
	3123	+	96Article 4 Sec. 34.
	3124	+	REVISOR AGW/AC 25-0033903/03/25 97.1 (12) not classify or treat any recovery peer as an independent contractor on or after
	3125	+	97.2January 1, 2025;
	3126	+	97.3 (13) provide an orientation for recovery peers that includes an overview of the consumer
	3127	+	97.4advocacy services provided by the Ombudsman for Mental Health and Developmental
	3128	+	97.5Disabilities and other relevant advocacy services; and
	3129	+	97.6 (14) provide notice to peer recovery support services participants that includes the
	3130	+	97.7following statement: "If you have a complaint about the provider or the person providing
	3131	+	97.8your peer recovery support services, you may contact the Minnesota Alliance of Recovery
	3132	+	97.9Community Organizations. You may also contact the Office of Ombudsman for Mental
	3133	+	97.10Health and Developmental Disabilities." The statement must also include:
	3134	+	97.11 (i) the telephone number, website address, email address, and mailing address of the
	3135	+	97.12Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
	3136	+	97.13for Mental Health and Developmental Disabilities;
	3137	+	97.14 (ii) the recovery community organization's name, address, email, telephone number, and
	3138	+	97.15name or title of the person at the recovery community organization to whom problems or
	3139	+	97.16complaints may be directed; and
	3140	+	97.17 (iii) a statement that the recovery community organization will not retaliate against a
	3141	+	97.18peer recovery support services participant because of a complaint.
	3142	+	97.19 (e) A recovery community organization approved by the commissioner before June 30,
	3143	+	97.202023, must have begun the application process as required by an approved certifying or
	3144	+	97.21accrediting entity and have begun the process to meet the requirements under paragraph (d)
	3145	+	97.22by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
	3146	+	97.23support services.
	3147	+	97.24 (f) A recovery community organization that is aggrieved by an accreditation, certification,
	3148	+	97.25or membership determination and believes it meets the requirements under paragraph (d)
	3149	+	97.26may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
	3150	+	97.27(14), for reconsideration as an eligible vendor. If the human services judge determines that
	3151	+	97.28the recovery community organization meets the requirements under paragraph (d), the
	3152	+	97.29recovery community organization is an eligible vendor of peer recovery support services.
	3153	+	97.30 (g) All recovery community organizations must be certified or accredited by an entity
	3154	+	97.31listed in paragraph (d) by June 30, 2025.
	3155	+	97.32 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
	3156	+	97.339530.6590, are not eligible vendors. Programs that are not licensed as a residential or
	3157	+	97Article 4 Sec. 34.
	3158	+	REVISOR AGW/AC 25-0033903/03/25 98.1nonresidential substance use disorder treatment or withdrawal management program by the
	3159	+	98.2commissioner or by tribal government or do not meet the requirements of subdivisions 1a
	3160	+	98.3and 1b are not eligible vendors.
	3161	+	98.4 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible
	3162	+	98.5vendors of a comprehensive assessment when the comprehensive assessment is completed
	3163	+	98.6according to section 254A.19, subdivision 3, and by an individual who meets the criteria
	3164	+	98.7of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
	3165	+	98.8and drug counselor must be individually enrolled with the commissioner and reported on
	3166	+	98.9the claim as the individual who provided the service.
	3167	+	98.10 (j) Any complaints about a recovery community organization or peer recovery support
	3168	+	98.11services may be made to and reviewed or investigated by the ombudsperson for behavioral
	3169	+	98.12health and developmental disabilities under sections 245.91 and 245.94.
	3170	+	98.13Sec. 35. Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
	3171	+	98.14 Subd. 1a.Room and board provider requirements.(a) Vendors of room and board
	3172	+	98.15are eligible for behavioral health fund payment if the vendor:
	3173	+	98.16 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
	3174	+	98.17while residing in the facility and provide consequences for infractions of those rules;
	3175	+	98.18 (2) is determined to meet applicable health and safety requirements;
	3176	+	98.19 (3) is not a jail or prison;
	3177	+	98.20 (4) is not concurrently receiving funds under chapter 256I for the recipient;
	3178	+	98.21 (5) admits individuals who are 18 years of age or older;
	3179	+	98.22 (6) is registered as a board and lodging or lodging establishment according to section
	3180	+	98.23157.17;
	3181	+	98.24 (7) has awake staff on site whenever a client is present;
	3182	+	98.25 (8) has staff who are at least 18 years of age and meet the requirements of section
	3183	+	98.26245G.11, subdivision 1, paragraph (b);
	3184	+	98.27 (9) has emergency behavioral procedures that meet the requirements of section 245G.16;
	3185	+	98.28 (10) meets the requirements of section 245G.08, subdivision 5, if administering
	3186	+	98.29medications to clients;
	3187	+	98.30 (11) meets the abuse prevention requirements of section 245A.65, including a policy on
	3188	+	98.31fraternization and the mandatory reporting requirements of section 626.557;
	3189	+	98Article 4 Sec. 35.
	3190	+	REVISOR AGW/AC 25-0033903/03/25 99.1 (12) documents coordination with the treatment provider to ensure compliance with
	3191	+	99.2section 254B.03, subdivision 2;
	3192	+	99.3 (13) protects client funds and ensures freedom from exploitation by meeting the
	3193	+	99.4provisions of section 245A.04, subdivision 13;
	3194	+	99.5 (14) has a grievance procedure that meets the requirements of section 245G.15,
	3195	+	99.6subdivision 2; and
	3196	+	99.7 (15) has sleeping and bathroom facilities for men and women separated by a door that
	3197	+	99.8is locked, has an alarm, or is supervised by awake staff.
	3198	+	99.9 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
	3199	+	99.10paragraph (a), clauses (5) to (15).
	3200	+	99.11 (c) Programs providing children's mental health crisis admissions and stabilization under
	3201	+	99.12section 245.4882, subdivision 6, are eligible vendors of room and board.
	3202	+	99.13 (d) Programs providing children's residential services under section 245.4882, except
	3203	+	99.14services for individuals who have a placement under chapter 260C or 260D, are eligible
	3204	+	99.15vendors of room and board.
	3205	+	99.16 (e) Licensed programs providing intensive residential treatment services or residential
	3206	+	99.17crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
	3207	+	99.18of room and board and are exempt from paragraph (a), clauses (6) to (15).
	3208	+	99.19 (f) A vendor that is not licensed as a residential treatment program must have a policy
	3209	+	99.20to address staffing coverage when a client may unexpectedly need to be present at the room
	3210	+	99.21and board site.
	3211	+	99.22 (g) No new vendors for room and board services may be approved after June 30, 2025,
	3212	+	99.23to receive payments from the behavioral health fund, under the provisions of section 254B.04,
	3213	+	99.24subdivision 2a. Room and board vendors that were approved and operating prior to July 1,
	3214	+	99.252025, may continue to receive payments from the behavioral health fund for services provided
	3215	+	99.26until June 30, 2027. Room and board vendors providing services in accordance with section
	3216	+	99.27254B.04, subdivision 2a, will no longer be eligible to claim reimbursement for room and
	3217	+	99.28board services provided on or after July 1, 2027.
	3218	+	99.29 EFFECTIVE DATE.This section is effective the day following final enactment.
	3219	+	99Article 4 Sec. 35.
	3220	+	REVISOR AGW/AC 25-0033903/03/25 100.1Sec. 36. Minnesota Statutes 2024, section 254B.06, subdivision 2, is amended to read:
	3221	+	100.2 Subd. 2.Allocation of collections.The commissioner shall allocate 77.05 50 percent
	3222	+	100.3of patient payments and third-party payments to the special revenue account and 22.95 50
	3223	+	100.4percent to the county financially responsible for the patient.
	3224	+	100.5 EFFECTIVE DATE.This section is effective July 1, 2025.
	3225	+	100.6Sec. 37. Minnesota Statutes 2024, section 254B.09, subdivision 2, is amended to read:
	3226	+	100.7 Subd. 2.American Indian agreements.The commissioner may enter into agreements
	3227	+	100.8with federally recognized Tribal units to pay for substance use disorder treatment services
	3228	+	100.9provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how
	3229	+	100.10the governing body of the Tribal unit fulfills local agency the Tribal unit's responsibilities
	3230	+	100.11regarding the form and manner of invoicing.
	3231	+	100.12 EFFECTIVE DATE.This section is effective July 1, 2025.
	3232	+	100.13Sec. 38. Minnesota Statutes 2024, section 254B.181, subdivision 1, is amended to read:
	3233	+	100.14 Subdivision 1.Requirements.(a) All recovery residences must be certified by the
	3234	+	100.15commissioner in accordance with the standards of a National Alliance for Recovery
	3235	+	100.16Residences Level 1 or Level 2 recovery residence.
	3236	+	100.17 (b) All sober homes recovery residences must:
	3237	+	100.18 (1) comply with applicable state laws and regulations and local ordinances related to
	3238	+	100.19maximum occupancy, fire safety, and sanitation. In addition, all sober homes must:;
	3239	+	100.20 (2) have safety policies and procedures that at a minimum address:
	3240	+	100.21 (i) safety inspections requiring periodic verification of smoke detectors, carbon monoxide
	3241	+	100.22detectors, and fire extinguishers, and emergency evacuation drills;
	3242	+	100.23 (ii) exposure to bodily fluids and contagious diseases; and
	3243	+	100.24 (iii) emergency procedures posted in conspicuous locations in the residence;
	3244	+	100.25 (1) (3) maintain a supply of an opiate antagonist in the home in a conspicuous location
	3245	+	100.26and, post information on proper use, and train staff on how to administer the opiate
	3246	+	100.27antagonist;
	3247	+	100.28 (2) (4) have written policies regarding access to all prescribed medications and storage
	3248	+	100.29of medications when requested by a resident;
	3249	+	100Article 4 Sec. 38.
	3250	+	REVISOR AGW/AC 25-0033903/03/25 101.1 (3) (5) have written policies regarding evictions residency termination that include how
	3251	+	101.2length of stay is determined and eviction procedures;
	3252	+	101.3 (4) (6) return all property and medications to a person discharged from the home and
	3253	+	101.4retain the items for a minimum of 60 days if the person did not collect them upon discharge.
	3254	+	101.5The owner must make an effort to contact persons listed as emergency contacts for the
	3255	+	101.6discharged person so that the items are returned;
	3256	+	101.7 (7) ensure separation of funds of persons served by the program from funds of the
	3257	+	101.8program or program staff. The program and staff must not:
	3258	+	101.9 (i) borrow money from a person served by the program;
	3259	+	101.10 (ii) purchase personal items from a person served by the program;
	3260	+	101.11 (iii) sell merchandise or personal services to a person served by the program;
	3261	+	101.12 (iv) require a person served by the program to purchase items for which the program is
	3262	+	101.13eligible for reimbursement; or
	3263	+	101.14 (v) use funds of persons served by the program to purchase items for which the program
	3264	+	101.15is already receiving public or private payments;
	3265	+	101.16 (5) (8) document the names and contact information for persons to contact in case of an
	3266	+	101.17emergency or upon discharge and notification of a family member, or other emergency
	3267	+	101.18contact designated by the resident under certain circumstances, including but not limited to
	3268	+	101.19death due to an overdose;
	3269	+	101.20 (6) (9) maintain contact information for emergency resources in the community to address
	3270	+	101.21mental health and health emergencies;
	3271	+	101.22 (7) (10) have policies on staff qualifications and prohibition against fraternization;
	3272	+	101.23 (8) (11) permit residents to use, as directed by a licensed prescriber, legally prescribed
	3273	+	101.24and dispensed or administered pharmacotherapies approved by the United States Food and
	3274	+	101.25Drug Administration for the treatment of opioid use disorder;
	3275	+	101.26 (9) (12) permit residents to use, as directed by a licensed prescriber, legally prescribed
	3276	+	101.27and dispensed or administered pharmacotherapies approved by the United States Food and
	3277	+	101.28Drug Administration to treat co-occurring substance use disorders and mental health
	3278	+	101.29conditions;
	3279	+	101.30 (10) (13) have a fee schedule and refund policy;
	3280	+	101.31 (11) (14) have rules for residents, including on any prohibited items;
	3281	+	101Article 4 Sec. 38.
	3282	+	REVISOR AGW/AC 25-0033903/03/25 102.1 (12) (15) have policies that promote resident participation in treatment, self-help groups,
	3283	+	102.2or other recovery supports;
	3284	+	102.3 (13) (16) have policies requiring abstinence from alcohol and illicit drugs on the property.
	3285	+	102.4If the program utilizes drug screening or toxicology, the procedures must be included in
	3286	+	102.5policy; and
	3287	+	102.6 (14) (17) distribute and post in the common areas the sober home resident bill of rights.,
	3288	+	102.7resident rules, and grievance process;
	3289	+	102.8 (18) have policies and procedures on searches;
	3290	+	102.9 (19) have code of ethics policies and procedures that are aligned with the National
	3291	+	102.10Alliance for Recovery Residences code of ethics and document that the policies and
	3292	+	102.11procedures are read and signed by every individual associated with the operation of the
	3293	+	102.12recovery residence, including owners, operators, staff, and volunteers;
	3294	+	102.13 (20) have a description of how residents are involved with the governance of the
	3295	+	102.14residence, including decision-making procedures, how residents are involved in setting and
	3296	+	102.15implementing rules, and the role of peer leaders, if any; and
	3297	+	102.16 (21) have procedures to maintain a respectful environment, including appropriate action
	3298	+	102.17to stop intimidation, bullying, sexual harassment, or threatening behavior of residents, staff,
	3299	+	102.18and visitors within the residence. Programs must consider trauma-informed and
	3300	+	102.19resilience-promoting practices when determining action.
	3301	+	102.20Sec. 39. Minnesota Statutes 2024, section 254B.181, subdivision 2, is amended to read:
	3302	+	102.21 Subd. 2.Bill of rights.An individual living in a sober home recovery residence has the
	3303	+	102.22right to:
	3304	+	102.23 (1) have access to an environment that supports recovery;
	3305	+	102.24 (2) have access to an environment that is safe and free from alcohol and other illicit
	3306	+	102.25drugs or substances;
	3307	+	102.26 (3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms
	3308	+	102.27of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
	3309	+	102.28 (4) be treated with dignity and respect and to have personal property treated with respect;
	3310	+	102.29 (5) have personal, financial, and medical information kept private and to be advised of
	3311	+	102.30the sober home's recovery residence's policies and procedures regarding disclosure of such
	3312	+	102.31information;
	3313	+	102Article 4 Sec. 39.
	3314	+	REVISOR AGW/AC 25-0033903/03/25 103.1 (6) access, while living in the residence, to other community-based support services as
	3315	+	103.2needed;
	3316	+	103.3 (7) be referred to appropriate services upon leaving the residence, if necessary;
	3317	+	103.4 (8) retain personal property that does not jeopardize safety or health;
	3318	+	103.5 (9) assert these rights personally or have them asserted by the individual's representative
	3319	+	103.6or by anyone on behalf of the individual without retaliation;
	3320	+	103.7 (10) be provided with the name, address, and telephone number of the ombudsman for
	3321	+	103.8mental health, substance use disorder, and developmental disabilities and the certifying
	3322	+	103.9designated state affiliate and information about the right to file a complaint;
	3323	+	103.10 (11) be fully informed of these rights and responsibilities, as well as program policies
	3324	+	103.11and procedures; and
	3325	+	103.12 (12) not be required to perform services for the residence that are not included in the
	3326	+	103.13usual expectations for all residents.
	3327	+	103.14Sec. 40. Minnesota Statutes 2024, section 254B.181, subdivision 3, is amended to read:
	3328	+	103.15 Subd. 3.Complaints; ombudsman for mental health and developmental
	3329	+	103.16disabilities.Any complaints about a sober home recovery residence may be made to and
	3330	+	103.17reviewed or investigated by the ombudsman for mental health and developmental disabilities,
	3331	+	103.18pursuant to sections 245.91 and 245.94, and the certifying designated state affiliate.
	3332	+	103.19Sec. 41. Minnesota Statutes 2024, section 254B.181, is amended by adding a subdivision
	3333	+	103.20to read:
	3334	+	103.21 Subd. 5.Resident records.(a) A recovery residence must maintain documentation for
	3335	+	103.22each resident of a written agreement prior to beginning residency that includes the following:
	3336	+	103.23 (1) the resident bill of rights;
	3337	+	103.24 (2) financial obligations and agreements, refund policy, and payments from third party
	3338	+	103.25payers for any fees paid on the resident's behalf;
	3339	+	103.26 (3) services provided;
	3340	+	103.27 (4) recovery goals;
	3341	+	103.28 (5) relapse policies; and
	3342	+	103.29 (6) policies on personal property.
	3343	+	103Article 4 Sec. 41.
	3344	+	REVISOR AGW/AC 25-0033903/03/25 104.1 (b) A recovery residence must maintain documentation for each resident demonstrating:
	3345	+	104.2 (1) completion of orientation on emergency procedures;
	3346	+	104.3 (2) completion of orientation on resident rules;
	3347	+	104.4 (3) that the resident is formally linked with the community, such as the resident
	3348	+	104.5maintaining or searching for a job, being enrolled in an education program, or working with
	3349	+	104.6family services or health and housing programs;
	3350	+	104.7 (4) that residents and staff engage in community relations and interactions to promote
	3351	+	104.8kinship with other recovery communities and goodwill for recovery services; and
	3352	+	104.9 (5) any referrals made for additional services.
	3353	+	104.10 (c) Resident records are private data on individuals as defined in section 13.02,
	3354	+	104.11subdivision 12.
	3355	+	104.12Sec. 42. Minnesota Statutes 2024, section 254B.181, is amended by adding a subdivision
	3356	+	104.13to read:
	3357	+	104.14 Subd. 6.Staff requirements.Certified level 2 programs must have staff to model and
	3358	+	104.15teach recovery skills and behaviors and must have the following policies and procedures:
	3359	+	104.16 (1) written job descriptions for each staff member position, including position
	3360	+	104.17responsibilities and qualifications;
	3361	+	104.18 (2) performance plans for development of staff in need of improvement;
	3362	+	104.19 (3) a staffing plan that demonstrates continuous development for all staff;
	3363	+	104.20 (4) background checks for all staff who will have direct and regular interaction with
	3364	+	104.21residents;
	3365	+	104.22 (5) expectations for staff to maintain clear personal and professional boundaries;
	3366	+	104.23 (6) annual trainings on emergency procedures, the resident bill of rights, grievance
	3367	+	104.24policies and procedures, and the code of ethics; and
	3368	+	104.25 (7) a prohibition on staff providing billable peer recovery support services to residents
	3369	+	104.26of the recovery residence.
	3370	+	104.27Sec. 43. [254B.182] RECOVERY RESIDENCE CERTIFICATION.
	3371	+	104.28 (a) Effective January 1, 2027, the commissioner of human services shall certify all
	3372	+	104.29recovery residences in Minnesota that are in compliance with section 254B.181. Beginning
	3373	+	104Article 4 Sec. 43.
	3374	+	REVISOR AGW/AC 25-0033903/03/25 105.1January 1, 2027, a recovery residence may not serve clients without a certification from the
	3375	+	105.2commissioner.
	3376	+	105.3 (b) The commissioner shall:
	3377	+	105.4 (1) publish a list of certified recovery residences, including any data related to date of
	3378	+	105.5certification, contact information, compliance reports, and the results of any investigations.
	3379	+	105.6The facts of any investigation that substantiates an adverse impact on an individual's health
	3380	+	105.7or safety is public information, except for any identifying information on a resident or
	3381	+	105.8complainant;
	3382	+	105.9 (2) make requirements for certification of recovery residences publicly accessible;
	3383	+	105.10 (3) review and recertify recovery residences every three years;
	3384	+	105.11 (4) compile an annual report on the number of recovery residences, the number of newly
	3385	+	105.12certified recovery residences in the last year, and the number of recovery residences that
	3386	+	105.13lost certification in the last year;
	3387	+	105.14 (5) review and make certification determinations for all recovery residences beginning
	3388	+	105.15on July 1, 2027; and
	3389	+	105.16 (6) make a certification determination for a recovery residence within 90 days of
	3390	+	105.17application.
	3391	+	105.18 (c) The commissioner may decertify a recovery residence with a 30-day notice.
	3392	+	105.19 (d) A recovery residence that is not certified or is decertified may request reconsideration.
	3393	+	105.20The recovery residence must appeal a denial or decertification in writing and send or deliver
	3394	+	105.21the reconsideration request to the commissioner by certified mail, by personal service, or
	3395	+	105.22through the provider licensing and reporting hub. If the recovery residence mails the
	3396	+	105.23reconsideration request, the reconsideration request must be postmarked and sent to the
	3397	+	105.24commissioner within ten calendar days after the recovery residence receives the order of
	3398	+	105.25certification denial or decertification. If the recovery residence delivers a reconsideration
	3399	+	105.26request by personal service, the commissioner must receive the reconsideration request
	3400	+	105.27within ten calendar days after the recovery residence received the order. If the order is issued
	3401	+	105.28through the provider hub, the request must be received by the commissioner within 20
	3402	+	105.29calendar days from the date the commissioner issued the order through the hub. If a recovery
	3403	+	105.30residence submits a timely reconsideration request of an order of certification denial or
	3404	+	105.31decertification, the recovery residence may continue to operate the program until the
	3405	+	105.32commissioner issues a final order. The commissioner's disposition of a request for
	3406	+	105.33reconsideration is final and not subject to appeal under chapter 14.
	3407	+	105Article 4 Sec. 43.
	3408	+	REVISOR AGW/AC 25-0033903/03/25 106.1Sec. 44. Minnesota Statutes 2024, section 254B.19, subdivision 1, is amended to read:
	3409	+	106.2 Subdivision 1.Level of care requirements.(a) For each client assigned an ASAM level
	3410	+	106.3of care, eligible vendors must implement the standards set by the ASAM for the respective
	3411	+	106.4level of care. Additionally, vendors must meet the following requirements:
	3412	+	106.5 (1) For ASAM level 0.5 early intervention targeting individuals who are at risk of
	3413	+	106.6developing a substance-related problem but may not have a diagnosed substance use disorder,
	3414	+	106.7early intervention services may include individual or group counseling, treatment
	3415	+	106.8coordination, peer recovery support, screening brief intervention, and referral to treatment
	3416	+	106.9provided according to section 254A.03, subdivision 3, paragraph (c).
	3417	+	106.10 (2) For ASAM level 1.0 outpatient clients, adults must receive up to eight hours per
	3418	+	106.11week of skilled psychosocial treatment services and adolescents must receive up to five
	3419	+	106.12hours per week. Services must be licensed according to section 245G.20 and meet
	3420	+	106.13requirements under section 256B.0759. Peer recovery Ancillary services and treatment
	3421	+	106.14coordination may be provided beyond the hourly skilled psychosocial treatment service
	3422	+	106.15hours allowable per week.
	3423	+	106.16 (3) For ASAM level 2.1 intensive outpatient clients, adults must receive nine to 19 hours
	3424	+	106.17per week of skilled psychosocial treatment services and adolescents must receive six or
	3425	+	106.18more hours per week. Vendors must be licensed according to section 245G.20 and must
	3426	+	106.19meet requirements under section 256B.0759. Peer recovery Ancillary services and treatment
	3427	+	106.20coordination may be provided beyond the hourly skilled psychosocial treatment service
	3428	+	106.21hours allowable per week. If clinically indicated on the client's treatment plan, this service
	3429	+	106.22may be provided in conjunction with room and board according to section 254B.05,
	3430	+	106.23subdivision 1a.
	3431	+	106.24 (4) For ASAM level 2.5 partial hospitalization clients, adults must receive 20 hours or
	3432	+	106.25more of skilled psychosocial treatment services. Services must be licensed according to
	3433	+	106.26section 245G.20 and must meet requirements under section 256B.0759. Level 2.5 is for
	3434	+	106.27clients who need daily monitoring in a structured setting, as directed by the individual
	3435	+	106.28treatment plan and in accordance with the limitations in section 254B.05, subdivision 5,
	3436	+	106.29paragraph (h). If clinically indicated on the client's treatment plan, this service may be
	3437	+	106.30provided in conjunction with room and board according to section 254B.05, subdivision
	3438	+	106.311a.
	3439	+	106.32 (5) For ASAM level 3.1 clinically managed low-intensity residential clients, programs
	3440	+	106.33must provide at least 5 hours of skilled psychosocial treatment services per week according
	3441	+	106.34to each client's specific treatment schedule, as directed by the individual treatment plan.
	3442	+	106Article 4 Sec. 44.
	3443	+	REVISOR AGW/AC 25-0033903/03/25 107.1Programs must be licensed according to section 245G.20 and must meet requirements under
	3444	+	107.2section 256B.0759.
	3445	+	107.3 (6) For ASAM level 3.3 clinically managed population-specific high-intensity residential
	3446	+	107.4clients, programs must be licensed according to section 245G.20 and must meet requirements
	3447	+	107.5under section 256B.0759. Programs must have 24-hour staffing coverage. Programs must
	3448	+	107.6be enrolled as a disability responsive program as described in section 254B.01, subdivision
	3449	+	107.74b, and must specialize in serving persons with a traumatic brain injury or a cognitive
	3450	+	107.8impairment so significant, and the resulting level of impairment so great, that outpatient or
	3451	+	107.9other levels of residential care would not be feasible or effective. Programs must provide,
	3452	+	107.10at a minimum, daily skilled psychosocial treatment services seven days a week according
	3453	+	107.11to each client's specific treatment schedule, as directed by the individual treatment plan.
	3454	+	107.12 (7) For ASAM level 3.5 clinically managed high-intensity residential clients, services
	3455	+	107.13must be licensed according to section 245G.20 and must meet requirements under section
	3456	+	107.14256B.0759. Programs must have 24-hour staffing coverage and provide, at a minimum,
	3457	+	107.15daily skilled psychosocial treatment services seven days a week according to each client's
	3458	+	107.16specific treatment schedule, as directed by the individual treatment plan.
	3459	+	107.17 (8) For ASAM level withdrawal management 3.2 clinically managed clients, withdrawal
	3460	+	107.18management must be provided according to chapter 245F.
	3461	+	107.19 (9) For ASAM level withdrawal management 3.7 medically monitored clients, withdrawal
	3462	+	107.20management must be provided according to chapter 245F.
	3463	+	107.21 (b) Notwithstanding the minimum daily skilled psychosocial treatment service
	3464	+	107.22requirements under paragraph (a), clauses (6) and (7), ASAM level 3.3 and 3.5 vendors
	3465	+	107.23must provide each client at least 30 hours of treatment services per week for the period
	3466	+	107.24between January 1, 2024, through June 30, 2024.
	3467	+	107.25Sec. 45. Minnesota Statutes 2024, section 256.043, subdivision 3, is amended to read:
	3468	+	107.26 Subd. 3.Appropriations from registration and license fee account.(a) The
	3469	+	107.27appropriations in paragraphs (b) to (n) shall be made from the registration and license fee
	3470	+	107.28account on a fiscal year basis in the order specified.
	3471	+	107.29 (b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs
	3472	+	107.30(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
	3473	+	107.31made accordingly.
	3474	+	107Article 4 Sec. 45.
	3475	+	REVISOR AGW/AC 25-0033903/03/25 108.1 (c) $100,000 is appropriated to the commissioner of human services for grants for opiate
	3476	+	108.2antagonist distribution. Grantees may utilize funds for opioid overdose prevention,
	3477	+	108.3community asset mapping, education, and opiate antagonist distribution.
	3478	+	108.4 (d) $2,000,000 is appropriated to the commissioner of human services for grants direct
	3479	+	108.5payments to Tribal nations and five urban Indian communities for traditional healing practices
	3480	+	108.6for American Indians and to increase the capacity of culturally specific providers in the
	3481	+	108.7behavioral health workforce. Any evaluations of practices under this paragraph must be
	3482	+	108.8designed cooperatively by the commissioner and Tribal nations or urban Indian communities.
	3483	+	108.9The commissioner must not require recipients to provide the details of specific ceremonies
	3484	+	108.10or identities of healers.
	3485	+	108.11 (e) $400,000 is appropriated to the commissioner of human services for competitive
	3486	+	108.12grants for opioid-focused Project ECHO programs.
	3487	+	108.13 (f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the
	3488	+	108.14commissioner of human services to administer the funding distribution and reporting
	3489	+	108.15requirements in paragraph (o).
	3490	+	108.16 (g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated
	3491	+	108.17to the commissioner of human services for safe recovery sites start-up and capacity building
	3492	+	108.18grants under section 254B.18.
	3493	+	108.19 (h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to
	3494	+	108.20the commissioner of human services for the opioid overdose surge alert system under section
	3495	+	108.21245.891.
	3496	+	108.22 (i) $300,000 is appropriated to the commissioner of management and budget for
	3497	+	108.23evaluation activities under section 256.042, subdivision 1, paragraph (c).
	3498	+	108.24 (j) $261,000 is appropriated to the commissioner of human services for the provision of
	3499	+	108.25administrative services to the Opiate Epidemic Response Advisory Council and for the
	3500	+	108.26administration of the grants awarded under paragraph (n).
	3501	+	108.27 (k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
	3502	+	108.28fees under section 151.066.
	3503	+	108.29 (l) $672,000 is appropriated to the commissioner of public safety for the Bureau of
	3504	+	108.30Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
	3505	+	108.31and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
	3506	+	108.32 (m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining
	3507	+	108.33amount is appropriated to the commissioner of children, youth, and families for distribution
	3508	+	108Article 4 Sec. 45.
	3509	+	REVISOR AGW/AC 25-0033903/03/25 109.1to county social service agencies and Tribal social service agency initiative projects
	3510	+	109.2authorized under section 256.01, subdivision 14b, to provide prevention and child protection
	3511	+	109.3services to children and families who are affected by addiction. The commissioner shall
	3512	+	109.4distribute this money proportionally to county social service agencies and Tribal social
	3513	+	109.5service agency initiative projects through a formula based on intake data from the previous
	3514	+	109.6three calendar years related to substance use and out-of-home placement episodes where
	3515	+	109.7parental drug abuse is a reason for the out-of-home placement. County social service agencies
	3516	+	109.8and Tribal social service agency initiative projects receiving funds from the opiate epidemic
	3517	+	109.9response fund must annually report to the commissioner on how the funds were used to
	3518	+	109.10provide prevention and child protection services, including measurable outcomes, as
	3519	+	109.11determined by the commissioner. County social service agencies and Tribal social service
	3520	+	109.12agency initiative projects must not use funds received under this paragraph to supplant
	3521	+	109.13current state or local funding received for child protection services for children and families
	3522	+	109.14who are affected by addiction.
	3523	+	109.15 (n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in
	3524	+	109.16the account is appropriated to the commissioner of human services to award grants as
	3525	+	109.17specified by the Opiate Epidemic Response Advisory Council in accordance with section
	3526	+	109.18256.042, unless otherwise appropriated by the legislature.
	3527	+	109.19 (o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service
	3528	+	109.20agencies and Tribal social service agency initiative projects under paragraph (m) and grant
	3529	+	109.21funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)
	3530	+	109.22may be distributed on a calendar year basis.
	3531	+	109.23 (p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
	3532	+	109.24(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.
	3533	+	109.25Sec. 46. Minnesota Statutes 2024, section 256B.0625, subdivision 5m, is amended to read:
	3534	+	109.26 Subd. 5m.Certified community behavioral health clinic services.(a) Medical
	3535	+	109.27assistance covers services provided by a not-for-profit certified community behavioral health
	3536	+	109.28clinic (CCBHC) that meets the requirements of section 245.735, subdivision 3.
	3537	+	109.29 (b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an
	3538	+	109.30eligible service is delivered using the CCBHC daily bundled rate system for medical
	3539	+	109.31assistance payments as described in paragraph (c). The commissioner shall include a quality
	3540	+	109.32incentive payment in the CCBHC daily bundled rate system as described in paragraph (e).
	3541	+	109.33There is no county share for medical assistance services when reimbursed through the
	3542	+	109.34CCBHC daily bundled rate system.
	3543	+	109Article 4 Sec. 46.
	3544	+	REVISOR AGW/AC 25-0033903/03/25 110.1 (c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC
	3545	+	110.2payments under medical assistance meets the following requirements:
	3546	+	110.3 (1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each
	3547	+	110.4CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable
	3548	+	110.5CCBHC costs divided by the total annual number of CCBHC visits. For calculating the
	3549	+	110.6payment rate, total annual visits include visits covered by medical assistance and visits not
	3550	+	110.7covered by medical assistance. Allowable costs include but are not limited to the salaries
	3551	+	110.8and benefits of medical assistance providers; the cost of CCBHC services provided under
	3552	+	110.9section 245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs such as
	3553	+	110.10insurance or supplies needed to provide CCBHC services;
	3554	+	110.11 (2) payment shall be limited to one payment per day per medical assistance enrollee
	3555	+	110.12when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement
	3556	+	110.13if at least one of the CCBHC services listed under section 245.735, subdivision 3, paragraph
	3557	+	110.14(a), clause (6), is furnished to a medical assistance enrollee by a health care practitioner or
	3558	+	110.15licensed agency employed by or under contract with a CCBHC;
	3559	+	110.16 (3) initial CCBHC daily bundled rates for newly certified CCBHCs under section 245.735,
	3560	+	110.17subdivision 3, shall be established by the commissioner using a provider-specific rate based
	3561	+	110.18on the newly certified CCBHC's audited historical cost report data adjusted for the expected
	3562	+	110.19cost of delivering CCBHC services. Estimates are subject to review by the commissioner
	3563	+	110.20and must include the expected cost of providing the full scope of CCBHC services and the
	3564	+	110.21expected number of visits for the rate period;
	3565	+	110.22 (4) the commissioner shall rebase CCBHC rates once every two years following the last
	3566	+	110.23rebasing and no less than 12 months following an initial rate or a rate change due to a change
	3567	+	110.24in the scope of services. For CCBHCs certified after September 31, 2020, and before January
	3568	+	110.251, 2021, the commissioner shall rebase rates according to this clause for services provided
	3569	+	110.26on or after January 1, 2024;
	3570	+	110.27 (5) the commissioner shall provide for a 60-day appeals process after notice of the results
	3571	+	110.28of the rebasing;
	3572	+	110.29 (6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal
	3573	+	110.30Medicaid rate is not eligible for the CCBHC rate methodology;
	3574	+	110.31 (7) payments for CCBHC services to individuals enrolled in managed care shall be
	3575	+	110.32coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall
	3576	+	110.33complete the phase-out of CCBHC wrap payments within 60 days of the implementation
	3577	+	110.34of the CCBHC daily bundled rate system in the Medicaid Management Information System
	3578	+	110Article 4 Sec. 46.
	3579	+	REVISOR AGW/AC 25-0033903/03/25 111.1(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments
	3580	+	111.2due made payable to CCBHCs no later than 18 months thereafter;
	3581	+	111.3 (8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each
	3582	+	111.4provider-specific rate by the Medicare Economic Index for primary care services. This
	3583	+	111.5update shall occur each year in between rebasing periods determined by the commissioner
	3584	+	111.6in accordance with clause (4). CCBHCs must provide data on costs and visits to the state
	3585	+	111.7annually using the CCBHC cost report established by the commissioner; and
	3586	+	111.8 (9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of
	3587	+	111.9services when such changes are expected to result in an adjustment to the CCBHC payment
	3588	+	111.10rate by 2.5 percent or more. The CCBHC must provide the commissioner with information
	3589	+	111.11regarding the changes in the scope of services, including the estimated cost of providing
	3590	+	111.12the new or modified services and any projected increase or decrease in the number of visits
	3591	+	111.13resulting from the change. Estimated costs are subject to review by the commissioner. Rate
	3592	+	111.14adjustments for changes in scope shall occur no more than once per year in between rebasing
	3593	+	111.15periods per CCBHC and are effective on the date of the annual CCBHC rate update.
	3594	+	111.16 (d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
	3595	+	111.17providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of
	3596	+	111.18this requirement on the rate of access to the services delivered by CCBHC providers. If, for
	3597	+	111.19any contract year, federal approval is not received for this paragraph, the commissioner
	3598	+	111.20must adjust the capitation rates paid to managed care plans and county-based purchasing
	3599	+	111.21plans for that contract year to reflect the removal of this provision. Contracts between
	3600	+	111.22managed care plans and county-based purchasing plans and providers to whom this paragraph
	3601	+	111.23applies must allow recovery of payments from those providers if capitation rates are adjusted
	3602	+	111.24in accordance with this paragraph. Payment recoveries must not exceed the amount equal
	3603	+	111.25to any increase in rates that results from this provision. This paragraph expires if federal
	3604	+	111.26approval is not received for this paragraph at any time.
	3605	+	111.27 (e) The commissioner shall implement a quality incentive payment program for CCBHCs
	3606	+	111.28that meets the following requirements:
	3607	+	111.29 (1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric
	3608	+	111.30thresholds for performance metrics established by the commissioner, in addition to payments
	3609	+	111.31for which the CCBHC is eligible under the CCBHC daily bundled rate system described in
	3610	+	111.32paragraph (c);
	3611	+	111.33 (2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement
	3612	+	111.34year to be eligible for incentive payments;
	3613	+	111Article 4 Sec. 46.
	3614	+	REVISOR AGW/AC 25-0033903/03/25 112.1 (3) each CCBHC shall receive written notice of the criteria that must be met in order to
	3615	+	112.2receive quality incentive payments at least 90 days prior to the measurement year; and
	3616	+	112.3 (4) a CCBHC must provide the commissioner with data needed to determine incentive
	3617	+	112.4payment eligibility within six months following the measurement year. The commissioner
	3618	+	112.5shall notify CCBHC providers of their performance on the required measures and the
	3619	+	112.6incentive payment amount within 12 months following the measurement year.
	3620	+	112.7 (f) All claims to managed care plans for CCBHC services as provided under this section
	3621	+	112.8shall be submitted directly to, and paid by, the commissioner on the dates specified no later
	3622	+	112.9than January 1 of the following calendar year, if:
	3623	+	112.10 (1) one or more managed care plans does not comply with the federal requirement for
	3624	+	112.11payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42,
	3625	+	112.12section 447.45(b), and the managed care plan does not resolve the payment issue within 30
	3626	+	112.13days of noncompliance; and
	3627	+	112.14 (2) the total amount of clean claims not paid in accordance with federal requirements
	3628	+	112.15by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims
	3629	+	112.16eligible for payment by managed care plans.
	3630	+	112.17If the conditions in this paragraph are met between January 1 and June 30 of a calendar
	3631	+	112.18year, claims shall be submitted to and paid by the commissioner beginning on January 1 of
	3632	+	112.19the following year. If the conditions in this paragraph are met between July 1 and December
	3633	+	112.2031 of a calendar year, claims shall be submitted to and paid by the commissioner beginning
	3634	+	112.21on July 1 of the following year.
	3635	+	112.22 (g) Peer services provided by a CCBHC certified under section 245.735 are a covered
	3636	+	112.23service under medical assistance when a licensed mental health professional or alcohol and
	3637	+	112.24drug counselor determines that peer services are medically necessary. Eligibility under this
	3638	+	112.25subdivision for peer services provided by a CCBHC supersede eligibility standards under
	3639	+	112.26sections 256B.0615, 256B.0616, and 245G.07, subdivision 2 2a, paragraph (b), clause (8)
	3640	+	112.27(2).
	3641	+	112.28Sec. 47. Minnesota Statutes 2024, section 256B.0757, subdivision 4c, is amended to read:
	3642	+	112.29 Subd. 4c.Behavioral health home services staff qualifications.(a) A behavioral health
	3643	+	112.30home services provider must maintain staff with required professional qualifications
	3644	+	112.31appropriate to the setting.
	3645	+	112Article 4 Sec. 47.
	3646	+	REVISOR AGW/AC 25-0033903/03/25 113.1 (b) If behavioral health home services are offered in a mental health setting, the
	3647	+	113.2integration specialist must be a licensed nurse, as defined in section 148.171, subdivision
	3648	+	113.39.
	3649	+	113.4 (c) If behavioral health home services are offered in a primary care setting, the integration
	3650	+	113.5specialist must be a mental health professional who is qualified according to section 245I.04,
	3651	+	113.6subdivision 2.
	3652	+	113.7 (d) If behavioral health home services are offered in either a primary care setting or
	3653	+	113.8mental health setting, the systems navigator must be a mental health practitioner who is
	3654	+	113.9qualified according to section 245I.04, subdivision 4, or a community health worker as
	3655	+	113.10defined in section 256B.0625, subdivision 49.
	3656	+	113.11 (e) If behavioral health home services are offered in either a primary care setting or
	3657	+	113.12mental health setting, the qualified health home specialist must be one of the following:
	3658	+	113.13 (1) a mental health certified peer specialist who is qualified according to section 245I.04,
	3659	+	113.14subdivision 10;
	3660	+	113.15 (2) a mental health certified family peer specialist who is qualified according to section
	3661	+	113.16245I.04, subdivision 12;
	3662	+	113.17 (3) a case management associate as defined in section 245.462, subdivision 4, paragraph
	3663	+	113.18(g), or 245.4871, subdivision 4, paragraph (j);
	3664	+	113.19 (4) a mental health rehabilitation worker who is qualified according to section 245I.04,
	3665	+	113.20subdivision 14;
	3666	+	113.21 (5) a community paramedic as defined in section 144E.28, subdivision 9;
	3667	+	113.22 (6) a peer recovery specialist as defined in section 245G.07, subdivision 1, clause (5)
	3668	+	113.23245G.11, subdivision 8; or
	3669	+	113.24 (7) a community health worker as defined in section 256B.0625, subdivision 49.
	3670	+	113.25Sec. 48. Minnesota Statutes 2024, section 256I.04, subdivision 2a, is amended to read:
	3671	+	113.26 Subd. 2a.License required; staffing qualifications.(a) Except as provided in paragraph
	3672	+	113.27(b) (c), an agency may not enter into an agreement with an establishment to provide housing
	3673	+	113.28support unless:
	3674	+	113.29 (1) the establishment is licensed by the Department of Health as a hotel and restaurant;
	3675	+	113.30a board and lodging establishment; a boarding care home before March 1, 1985; or a
	3676	+	113.31supervised living facility, and the service provider for residents of the facility is licensed
	3677	+	113Article 4 Sec. 48.
	3678	+	REVISOR AGW/AC 25-0033903/03/25 114.1under chapter 245A. However, an establishment licensed by the Department of Health to
	3679	+	114.2provide lodging need not also be licensed to provide board if meals are being supplied to
	3680	+	114.3residents under a contract with a food vendor who is licensed by the Department of Health;
	3681	+	114.4 (2) the residence is: (i) licensed by the commissioner of human services under Minnesota
	3682	+	114.5Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior
	3683	+	114.6to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
	3684	+	114.7(iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,
	3685	+	114.8with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02,
	3686	+	114.9subdivision 4a, as a community residential setting by the commissioner of human services;
	3687	+	114.10or
	3688	+	114.11 (3) the facility is licensed under chapter 144G and provides three meals a day.
	3689	+	114.12 (b) Effective January 1, 2027, the commissioner may enter into housing support
	3690	+	114.13agreements with a board and lodging establishment under section 256I.04, subdivision 2a,
	3691	+	114.14paragraph (a), clause (1), that is also certified by the commissioner as a recovery residence,
	3692	+	114.15subject to the requirements of section 256I.04, subdivisions 2a to 2f. When doing so, the
	3693	+	114.16department of human services serves as the lead agency for the agreement.
	3694	+	114.17 (b) (c) The requirements under paragraph (a) do not apply to establishments exempt
	3695	+	114.18from state licensure because they are:
	3696	+	114.19 (1) located on Indian reservations and subject to tribal health and safety requirements;
	3697	+	114.20or
	3698	+	114.21 (2) supportive housing establishments where an individual has an approved habitability
	3699	+	114.22inspection and an individual lease agreement.
	3700	+	114.23 (c) (d) Supportive housing establishments that serve individuals who have experienced
	3701	+	114.24long-term homelessness and emergency shelters must participate in the homeless management
	3702	+	114.25information system and a coordinated assessment system as defined by the commissioner.
	3703	+	114.26 (d) (e) Effective July 1, 2016, an agency shall not have an agreement with a provider of
	3704	+	114.27housing support unless all staff members who have direct contact with recipients:
	3705	+	114.28 (1) have skills and knowledge acquired through one or more of the following:
	3706	+	114.29 (i) a course of study in a health- or human services-related field leading to a bachelor
	3707	+	114.30of arts, bachelor of science, or associate's degree;
	3708	+	114.31 (ii) one year of experience with the target population served;
	3709	+	114Article 4 Sec. 48.
	3710	+	REVISOR AGW/AC 25-0033903/03/25 115.1 (iii) experience as a mental health certified peer specialist according to section 256B.0615;
	3711	+	115.2or
	3712	+	115.3 (iv) meeting the requirements for unlicensed personnel under sections 144A.43 to
	3713	+	115.4144A.483;
	3714	+	115.5 (2) hold a current driver's license appropriate to the vehicle driven if transporting
	3715	+	115.6recipients;
	3716	+	115.7 (3) complete training on vulnerable adults mandated reporting and child maltreatment
	3717	+	115.8mandated reporting, where applicable; and
	3718	+	115.9 (4) complete housing support orientation training offered by the commissioner.
	3719	+	115.10Sec. 49. Minnesota Statutes 2024, section 325F.725, is amended to read:
	3720	+	115.11 325F.725 SOBER HOME RECOVERY RESIDENCE TITLE PROTECTION.
	3721	+	115.12 No person or entity may use the phrase "sober home," "recovery residence," whether
	3722	+	115.13alone or in combination with other words and whether orally or in writing, to advertise,
	3723	+	115.14market, or otherwise describe, offer, or promote itself, or any housing, service, service
	3724	+	115.15package, or program that it provides within this state, unless the person or entity meets the
	3725	+	115.16definition of a sober home recovery residence in section 254B.01, subdivision 11, and meets
	3726	+	115.17the requirements of section 254B.181.
	3727	+	115.18 EFFECTIVE DATE.This section is effective the day following final enactment.
	3728	+	115.19Sec. 50. WORKING GROUP FOR RECOVERY RESIDENCES.
	3729	+	115.20 (a) The commissioner of human services must convene a working group on recovery
	3730	+	115.21residences.
	3731	+	115.22 (b) The working group must:
	3732	+	115.23 (1) produce a report that examines how other states fund recovery residences, identifying
	3733	+	115.24best practices and models that could be applicable to Minnesota;
	3734	+	115.25 (2) engage with communities to ensure meaningful collaboration with key external
	3735	+	115.26partners on the ideas being developed that will inform the final plan and recommendations;
	3736	+	115.27and
	3737	+	115.28 (3) develop an implementable plan addressing housing needs for individuals in outpatient
	3738	+	115.29substance use disorder treatment that includes:
	3739	+	115.30 (i) clear strategies for aligning housing models with individual treatment needs;
	3740	+	115Article 4 Sec. 50.
	3741	+	REVISOR AGW/AC 25-0033903/03/25 116.1 (ii) an assessment of funding streams, including potential federal funding sources;
	3742	+	116.2 (iii) a timeline for implementation, with key milestones and action steps;
	3743	+	116.3 (iv) recommendations for future resource allocation to ensure long-term housing stability
	3744	+	116.4for individuals in recovery; and
	3745	+	116.5 (v) specific recommendations for policy or legislative changes that may be required to
	3746	+	116.6support sustainable recovery housing solutions.
	3747	+	116.7 (c) The working group shall include but is not limited to:
	3748	+	116.8 (1) at least two designees from the Department of Human Services, at least one
	3749	+	116.9representing behavioral health policy and at least one representing homelessness, housing
	3750	+	116.10and support services policy;
	3751	+	116.11 (2) the commissioner of health or a designee;
	3752	+	116.12 (3) two people who have experience living in a recovery residence;
	3753	+	116.13 (4) representatives from at least three substance use disorder lodging facilities currently
	3754	+	116.14operating in Minnesota;
	3755	+	116.15 (5) three representatives from county social services agencies, at least one from within
	3756	+	116.16and one from outside the seven-county metropolitan area;
	3757	+	116.17 (6) a representative from a Tribal social services agency; and
	3758	+	116.18 (7) representatives from national or state organizations specializing in recovery residences
	3759	+	116.19and substance use disorder treatment.
	3760	+	116.20 (d) The working group shall meet at least monthly and as necessary to fulfill its
	3761	+	116.21responsibilities. The commissioner of human services shall provide administrative support
	3762	+	116.22and meeting space for the working group. The working group may conduct meetings
	3763	+	116.23remotely.
	3764	+	116.24 (e) The commissioner of human services shall make appointments to the working group
	3765	+	116.25by October 1, 2025, and convene the first meeting of the working group by January 15,
	3766	+	116.262026.
	3767	+	116.27 (f) The working group shall submit a final report with recommendations to the chairs
	3768	+	116.28and ranking minority members of the legislative committees with jurisdiction over health
	3769	+	116.29and human services policy and finance on or before January 1, 2027.
	3770	+	116Article 4 Sec. 50.
	3771	+	REVISOR AGW/AC 25-0033903/03/25 117.1Sec. 51. REVISOR INSTRUCTION.
	3772	+	117.2 The revisor of statutes shall change the terms "mental health practitioner" and "mental
	3773	+	117.3health practitioners" to "behavioral health practitioner" or "behavioral health practitioners"
	3774	+	117.4wherever they appear in Minnesota Statutes, chapter 245I.
	3775	+	117.5Sec. 52. REPEALER.
	3776	+	117.6 (a) Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07, subdivision
	3777	+	117.72; and 254B.01, subdivision 5, are repealed.
	3778	+	117.8 (b) Minnesota Statutes 2024, section 254B.04, subdivision 2a, is repealed.
	3779	+	117.9 EFFECTIVE DATE.Paragraph (a) is effective July 1, 2025, and paragraph (b) is
	3780	+	117.10effective July 1, 2027.
	3781	+	117.11 ARTICLE 5
	3782	+	117.12 HEALTH CARE
	3783	+	117.13Section 1. Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:
	3784	+	117.14 Subd. 29.State medical review team.(a) To ensure the timely processing of
	3785	+	117.15determinations of disability by the commissioner's state medical review team under sections
	3786	+	117.16256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the
	3787	+	117.17commissioner shall review all medical evidence and seek information from providers,
	3788	+	117.18applicants, and enrollees to support the determination of disability where necessary. Disability
	3789	+	117.19shall be determined according to the rules of title XVI and title XIX of the Social Security
	3790	+	117.20Act and pertinent rules and policies of the Social Security Administration.
	3791	+	117.21 (b) Medical assistance providers must grant the state medical review team access to
	3792	+	117.22electronic health records held by the medical assistance providers, when available, to support
	3793	+	117.23efficient and accurate disability determinations.
	3794	+	117.24 (b) (c) Prior to a denial or withdrawal of a requested determination of disability due to
	3795	+	117.25insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
	3796	+	117.26and appropriate to a determination of disability, and (2) assist applicants and enrollees to
	3797	+	117.27obtain the evidence, including, but not limited to, medical examinations and electronic
	3798	+	117.28medical records.
	3799	+	117.29 (c) (d) Any appeal made under section 256.045, subdivision 3, of a disability
	3800	+	117.30determination made by the state medical review team must be decided according to the
	3801	+	117.31timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not
	3802	+	117Article 5 Section 1.
	3803	+	REVISOR AGW/AC 25-0033903/03/25 118.1issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal
	3804	+	118.2must be immediately reviewed by the chief human services judge.
	3805	+	118.3 EFFECTIVE DATE.This section is effective the day following final enactment.
	3806	+	118.4Sec. 2. Minnesota Statutes 2024, section 256B.04, subdivision 12, is amended to read:
	3807	+	118.5 Subd. 12.Limitation on services.(a) The commissioner shall place limits on the types
	3808	+	118.6of services covered by medical assistance, the frequency with which the same or similar
	3809	+	118.7services may be covered by medical assistance for an individual recipient, and the amount
	3810	+	118.8paid for each covered service. The state agency shall promulgate rules establishing maximum
	3811	+	118.9reimbursement rates for emergency and nonemergency transportation.
	3812	+	118.10 The rules shall provide:
	3813	+	118.11 (1) an opportunity for all recognized transportation providers to be reimbursed for
	3814	+	118.12nonemergency transportation consistent with the maximum rates established by the agency;
	3815	+	118.13and
	3816	+	118.14 (2) reimbursement of public and private nonprofit providers serving the population with
	3817	+	118.15a disability generally at reasonable maximum rates that reflect the cost of providing the
	3818	+	118.16service regardless of the fare that might be charged by the provider for similar services to
	3819	+	118.17individuals other than those receiving medical assistance or medical care under this chapter.
	3820	+	118.18This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
	3821	+	118.192027, for prepaid medical assistance.
	3822	+	118.20 (b) The commissioner shall encourage providers reimbursed under this chapter to
	3823	+	118.21coordinate their operation with similar services that are operating in the same community.
	3824	+	118.22To the extent practicable, the commissioner shall encourage eligible individuals to utilize
	3825	+	118.23less expensive providers capable of serving their needs. This paragraph expires July 1, 2026,
	3826	+	118.24for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
	3827	+	118.25 (c) For the purpose of this subdivision and section 256B.02, subdivision 8, and effective
	3828	+	118.26on January 1, 1981, "recognized provider of transportation services" means an operator of
	3829	+	118.27special transportation service as defined in section 174.29 that has been issued a current
	3830	+	118.28certificate of compliance with operating standards of the commissioner of transportation
	3831	+	118.29or, if those standards do not apply to the operator, that the agency finds is able to provide
	3832	+	118.30the required transportation in a safe and reliable manner. Until January 1, 1981, "recognized
	3833	+	118.31transportation provider" includes an operator of special transportation service that the agency
	3834	+	118.32finds is able to provide the required transportation in a safe and reliable manner. This
	3835	+	118Article 5 Sec. 2.
	3836	+	REVISOR AGW/AC 25-0033903/03/25 119.1paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3837	+	119.2for prepaid medical assistance.
	3838	+	119.3 (d) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3839	+	119.4for prepaid medical assistance, the commissioner shall place limits on the types of services
	3840	+	119.5covered by medical assistance, the frequency with which the same or similar services may
	3841	+	119.6be covered by medical assistance for an individual recipient, and the amount paid for each
	3842	+	119.7covered service.
	3843	+	119.8 EFFECTIVE DATE.This section is effective the day following final enactment.
	3844	+	119.9Sec. 3. Minnesota Statutes 2024, section 256B.04, subdivision 14, is amended to read:
	3845	+	119.10 Subd. 14.Competitive bidding.(a) When determined to be effective, economical, and
	3846	+	119.11feasible, the commissioner may utilize volume purchase through competitive bidding and
	3847	+	119.12negotiation under the provisions of chapter 16C, to provide items under the medical assistance
	3848	+	119.13program including but not limited to the following:
	3849	+	119.14 (1) eyeglasses;
	3850	+	119.15 (2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
	3851	+	119.16on a short-term basis, until the vendor can obtain the necessary supply from the contract
	3852	+	119.17dealer;
	3853	+	119.18 (3) hearing aids and supplies;
	3854	+	119.19 (4) durable medical equipment, including but not limited to:
	3855	+	119.20 (i) hospital beds;
	3856	+	119.21 (ii) commodes;
	3857	+	119.22 (iii) glide-about chairs;
	3858	+	119.23 (iv) patient lift apparatus;
	3859	+	119.24 (v) wheelchairs and accessories;
	3860	+	119.25 (vi) oxygen administration equipment;
	3861	+	119.26 (vii) respiratory therapy equipment;
	3862	+	119.27 (viii) electronic diagnostic, therapeutic and life-support systems; and
	3863	+	119.28 (ix) allergen-reducing products as described in section 256B.0625, subdivision 67,
	3864	+	119.29paragraph (c) or (d);
	3865	+	119Article 5 Sec. 3.
	3866	+	REVISOR AGW/AC 25-0033903/03/25 120.1 (5) nonemergency medical transportation level of need determinations, disbursement of
	3867	+	120.2public transportation passes and tokens, and volunteer and recipient mileage and parking
	3868	+	120.3reimbursements;
	3869	+	120.4 (6) drugs; and
	3870	+	120.5 (7) quitline services as described in section 256B.0625, subdivision 68, paragraph (c).
	3871	+	120.6This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
	3872	+	120.72027, for prepaid medical assistance.
	3873	+	120.8 (b) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3874	+	120.9for prepaid medical assistance, when determined to be effective, economical, and feasible,
	3875	+	120.10the commissioner may utilize volume purchase through competitive bidding and negotiation
	3876	+	120.11under the provisions of chapter 16C to provide items under the medical assistance program,
	3877	+	120.12including but not limited to the following:
	3878	+	120.13 (1) eyeglasses;
	3879	+	120.14 (2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
	3880	+	120.15on a short-term basis, until the vendor can obtain the necessary supply from the contract
	3881	+	120.16dealer;
	3882	+	120.17 (3) hearing aids and supplies;
	3883	+	120.18 (4) durable medical equipment, including but not limited to:
	3884	+	120.19 (i) hospital beds;
	3885	+	120.20 (ii) commodes;
	3886	+	120.21 (iii) glide-about chairs;
	3887	+	120.22 (iv) patient lift apparatus;
	3888	+	120.23 (v) wheelchairs and accessories;
	3889	+	120.24 (vi) oxygen administration equipment;
	3890	+	120.25 (vii) respiratory therapy equipment; and
	3891	+	120.26 (viii) electronic diagnostic, therapeutic, and life-support systems;
	3892	+	120.27 (5) nonemergency medical transportation; and
	3893	+	120.28 (6) drugs.
	3894	+	120.29 (b) (c) Rate changes and recipient cost-sharing under this chapter and chapter 256L do
	3895	+	120.30not affect contract payments under this subdivision unless specifically identified.
	3896	+	120Article 5 Sec. 3.
	3897	+	REVISOR AGW/AC 25-0033903/03/25 121.1 (c) (d) The commissioner may not utilize volume purchase through competitive bidding
	3898	+	121.2and negotiation under the provisions of chapter 16C for special transportation services or
	3899	+	121.3incontinence products and related supplies. This paragraph expires July 1, 2026, for medical
	3900	+	121.4assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
	3901	+	121.5 (e) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3902	+	121.6for prepaid medical assistance, the commissioner may not utilize volume purchase through
	3903	+	121.7competitive bidding and negotiation under the provisions of chapter 16C for incontinence
	3904	+	121.8products and related supplies.
	3905	+	121.9 EFFECTIVE DATE.This section is effective the day following final enactment.
	3906	+	121.10Sec. 4. Minnesota Statutes 2024, section 256B.0625, subdivision 17, is amended to read:
	3907	+	121.11 Subd. 17.Transportation costs.(a) "Nonemergency medical transportation service"
	3908	+	121.12means motor vehicle transportation provided by a public or private person that serves
	3909	+	121.13Minnesota health care program beneficiaries who do not require emergency ambulance
	3910	+	121.14service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
	3911	+	121.15 (b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
	3912	+	121.16a census-tract based classification system under which a geographical area is determined
	3913	+	121.17to be urban, rural, or super rural. This paragraph expires July 1, 2026, for medical assistance
	3914	+	121.18fee-for-service and January 1, 2027, for prepaid medical assistance.
	3915	+	121.19 (c) Medical assistance covers medical transportation costs incurred solely for obtaining
	3916	+	121.20emergency medical care or transportation costs incurred by eligible persons in obtaining
	3917	+	121.21emergency or nonemergency medical care when paid directly to an ambulance company,
	3918	+	121.22nonemergency medical transportation company, or other recognized providers of
	3919	+	121.23transportation services. Medical transportation must be provided by:
	3920	+	121.24 (1) nonemergency medical transportation providers who meet the requirements of this
	3921	+	121.25subdivision;
	3922	+	121.26 (2) ambulances, as defined in section 144E.001, subdivision 2;
	3923	+	121.27 (3) taxicabs that meet the requirements of this subdivision;
	3924	+	121.28 (4) public transportation, within the meaning of "public transportation" as defined in
	3925	+	121.29section 174.22, subdivision 7; or
	3926	+	121.30 (5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,
	3927	+	121.31subdivision 1, paragraph (p).
	3928	+	121Article 5 Sec. 4.
	3929	+	REVISOR AGW/AC 25-0033903/03/25 122.1 (d) Medical assistance covers nonemergency medical transportation provided by
	3930	+	122.2nonemergency medical transportation providers enrolled in the Minnesota health care
	3931	+	122.3programs. All nonemergency medical transportation providers must comply with the
	3932	+	122.4operating standards for special transportation service as defined in sections 174.29 to 174.30
	3933	+	122.5and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
	3934	+	122.6commissioner and reported on the claim as the individual who provided the service. All
	3935	+	122.7nonemergency medical transportation providers shall bill for nonemergency medical
	3936	+	122.8transportation services in accordance with Minnesota health care programs criteria. Publicly
	3937	+	122.9operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
	3938	+	122.10requirements outlined in this paragraph.
	3939	+	122.11 (e) An organization may be terminated, denied, or suspended from enrollment if:
	3940	+	122.12 (1) the provider has not initiated background studies on the individuals specified in
	3941	+	122.13section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
	3942	+	122.14 (2) the provider has initiated background studies on the individuals specified in section
	3943	+	122.15174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
	3944	+	122.16 (i) the commissioner has sent the provider a notice that the individual has been
	3945	+	122.17disqualified under section 245C.14; and
	3946	+	122.18 (ii) the individual has not received a disqualification set-aside specific to the special
	3947	+	122.19transportation services provider under sections 245C.22 and 245C.23.
	3948	+	122.20 (f) The administrative agency of nonemergency medical transportation must:
	3949	+	122.21 (1) adhere to the policies defined by the commissioner;
	3950	+	122.22 (2) pay nonemergency medical transportation providers for services provided to
	3951	+	122.23Minnesota health care programs beneficiaries to obtain covered medical services;
	3952	+	122.24 (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
	3953	+	122.25trips, and number of trips by mode; and
	3954	+	122.26 (4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
	3955	+	122.27administrative structure assessment tool that meets the technical requirements established
	3956	+	122.28by the commissioner, reconciles trip information with claims being submitted by providers,
	3957	+	122.29and ensures prompt payment for nonemergency medical transportation services. This
	3958	+	122.30paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3959	+	122.31for prepaid medical assistance.
	3960	+	122Article 5 Sec. 4.
	3961	+	REVISOR AGW/AC 25-0033903/03/25 123.1 (g) Effective July 1, 2026, for medical fee-for-service and January 1, 2027, for prepaid
	3962	+	123.2medical assistance, the administrative agency of nonemergency medical transportation must:
	3963	+	123.3 (1) adhere to the policies defined by the commissioner;
	3964	+	123.4 (2) pay nonemergency medical transportation providers for services provided to
	3965	+	123.5Minnesota health care programs beneficiaries to obtain covered medical services; and
	3966	+	123.6 (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
	3967	+	123.7trips, and number of trips by mode.
	3968	+	123.8 (g) (h) Until the commissioner implements the single administrative structure and delivery
	3969	+	123.9system under subdivision 18e, clients shall obtain their level-of-service certificate from the
	3970	+	123.10commissioner or an entity approved by the commissioner that does not dispatch rides for
	3971	+	123.11clients using modes of transportation under paragraph (l) (n), clauses (4), (5), (6), and (7).
	3972	+	123.12This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
	3973	+	123.132027, for prepaid medical assistance.
	3974	+	123.14 (h) (i) The commissioner may use an order by the recipient's attending physician,
	3975	+	123.15advanced practice registered nurse, physician assistant, or a medical or mental health
	3976	+	123.16professional to certify that the recipient requires nonemergency medical transportation
	3977	+	123.17services. Nonemergency medical transportation providers shall perform driver-assisted
	3978	+	123.18services for eligible individuals, when appropriate. Driver-assisted service includes passenger
	3979	+	123.19pickup at and return to the individual's residence or place of business, assistance with
	3980	+	123.20admittance of the individual to the medical facility, and assistance in passenger securement
	3981	+	123.21or in securing of wheelchairs, child seats, or stretchers in the vehicle.
	3982	+	123.22 (i) (j) Nonemergency medical transportation providers must take clients to the health
	3983	+	123.23care provider using the most direct route, and must not exceed 30 miles for a trip to a primary
	3984	+	123.24care provider or 60 miles for a trip to a specialty care provider, unless the client receives
	3985	+	123.25authorization from the local agency. This paragraph expires July 1, 2026, for medical
	3986	+	123.26assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
	3987	+	123.27 (k) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	3988	+	123.28for prepaid medical assistance, nonemergency medical transportation providers must take
	3989	+	123.29clients to the health care provider using the most direct route and must not exceed 30 miles
	3990	+	123.30for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless
	3991	+	123.31the client receives authorization from the administrator.
	3992	+	123.32 (j) (l) Nonemergency medical transportation providers may not bill for separate base
	3993	+	123.33rates for the continuation of a trip beyond the original destination. Nonemergency medical
	3994	+	123Article 5 Sec. 4.
	3995	+	REVISOR AGW/AC 25-0033903/03/25 124.1transportation providers must maintain trip logs, which include pickup and drop-off times,
	3996	+	124.2signed by the medical provider or client, whichever is deemed most appropriate, attesting
	3997	+	124.3to mileage traveled to obtain covered medical services. Clients requesting client mileage
	3998	+	124.4reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
	3999	+	124.5services.
	4000	+	124.6 (k) (m) The administrative agency shall use the level of service process established by
	4001	+	124.7the commissioner to determine the client's most appropriate mode of transportation. If public
	4002	+	124.8transit or a certified transportation provider is not available to provide the appropriate service
	4003	+	124.9mode for the client, the client may receive a onetime service upgrade.
	4004	+	124.10 (l) (n) The covered modes of transportation are:
	4005	+	124.11 (1) client reimbursement, which includes client mileage reimbursement provided to
	4006	+	124.12clients who have their own transportation, or to family or an acquaintance who provides
	4007	+	124.13transportation to the client;
	4008	+	124.14 (2) volunteer transport, which includes transportation by volunteers using their own
	4009	+	124.15vehicle;
	4010	+	124.16 (3) unassisted transport, which includes transportation provided to a client by a taxicab
	4011	+	124.17or public transit. If a taxicab or public transit is not available, the client can receive
	4012	+	124.18transportation from another nonemergency medical transportation provider;
	4013	+	124.19 (4) assisted transport, which includes transport provided to clients who require assistance
	4014	+	124.20by a nonemergency medical transportation provider;
	4015	+	124.21 (5) lift-equipped/ramp transport, which includes transport provided to a client who is
	4016	+	124.22dependent on a device and requires a nonemergency medical transportation provider with
	4017	+	124.23a vehicle containing a lift or ramp;
	4018	+	124.24 (6) protected transport, which includes transport provided to a client who has received
	4019	+	124.25a prescreening that has deemed other forms of transportation inappropriate and who requires
	4020	+	124.26a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
	4021	+	124.27locks, a video recorder, and a transparent thermoplastic partition between the passenger and
	4022	+	124.28the vehicle driver; and (ii) who is certified as a protected transport provider; and
	4023	+	124.29 (7) stretcher transport, which includes transport for a client in a prone or supine position
	4024	+	124.30and requires a nonemergency medical transportation provider with a vehicle that can transport
	4025	+	124.31a client in a prone or supine position.
	4026	+	124.32 (m) (o) The local agency shall be the single administrative agency and shall administer
	4027	+	124.33and reimburse for modes defined in paragraph (l) (n) according to paragraphs (p) and (q)
	4028	+	124Article 5 Sec. 4.
	4029	+	REVISOR AGW/AC 25-0033903/03/25 125.1(r) to (t) when the commissioner has developed, made available, and funded the web-based
	4030	+	125.2single administrative structure, assessment tool, and level of need assessment under
	4031	+	125.3subdivision 18e. The local agency's financial obligation is limited to funds provided by the
	4032	+	125.4state or federal government. This paragraph expires July 1, 2026, for medical assistance
	4033	+	125.5fee-for-service and January 1, 2027, for prepaid medical assistance.
	4034	+	125.6 (n) (p) The commissioner shall:
	4035	+	125.7 (1) verify that the mode and use of nonemergency medical transportation is appropriate;
	4036	+	125.8 (2) verify that the client is going to an approved medical appointment; and
	4037	+	125.9 (3) investigate all complaints and appeals.
	4038	+	125.10 (o) (q) The administrative agency shall pay for the services provided in this subdivision
	4039	+	125.11and seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
	4040	+	125.12local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
	4041	+	125.13recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
	4042	+	125.14This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
	4043	+	125.152027, for prepaid medical assistance.
	4044	+	125.16 (p) (r) Payments for nonemergency medical transportation must be paid based on the
	4045	+	125.17client's assessed mode under paragraph (k) (m), not the type of vehicle used to provide the
	4046	+	125.18service. The medical assistance reimbursement rates for nonemergency medical transportation
	4047	+	125.19services that are payable by or on behalf of the commissioner for nonemergency medical
	4048	+	125.20transportation services are:
	4049	+	125.21 (1) $0.22 per mile for client reimbursement;
	4050	+	125.22 (2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
	4051	+	125.23transport;
	4052	+	125.24 (3) equivalent to the standard fare for unassisted transport when provided by public
	4053	+	125.25transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency
	4054	+	125.26medical transportation provider;
	4055	+	125.27 (4) $14.30 for the base rate and $1.43 per mile for assisted transport;
	4056	+	125.28 (5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
	4057	+	125.29 (6) $75 for the base rate and $2.40 per mile for protected transport; and
	4058	+	125.30 (7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
	4059	+	125.31an additional attendant if deemed medically necessary. This paragraph expires July 1, 2026,
	4060	+	125.32for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
	4061	+	125Article 5 Sec. 4.
	4062	+	REVISOR AGW/AC 25-0033903/03/25 126.1 (s) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
	4063	+	126.2for prepaid medical assistance, payments for nonemergency medical transportation must
	4064	+	126.3be paid based on the client's assessed mode under paragraph (m), not the type of vehicle
	4065	+	126.4used to provide the service.
	4066	+	126.5 (q) (t) The base rate for nonemergency medical transportation services in areas defined
	4067	+	126.6under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
	4068	+	126.7paragraph (p) (r), clauses (1) to (7). The mileage rate for nonemergency medical
	4069	+	126.8transportation services in areas defined under RUCA to be rural or super rural areas is:
	4070	+	126.9 (1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
	4071	+	126.10rate in paragraph (p) (r), clauses (1) to (7); and
	4072	+	126.11 (2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
	4073	+	126.12rate in paragraph (p) (r), clauses (1) to (7). This paragraph expires July 1, 2026, for medical
	4074	+	126.13assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
	4075	+	126.14 (r) (u) For purposes of reimbursement rates for nonemergency medical transportation
	4076	+	126.15services under paragraphs (p) and (q) (r) to (t), the zip code of the recipient's place of
	4077	+	126.16residence shall determine whether the urban, rural, or super rural reimbursement rate applies.
	4078	+	126.17This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
	4079	+	126.182027, for prepaid medical assistance.
	4080	+	126.19 (s) (v) The commissioner, when determining reimbursement rates for nonemergency
	4081	+	126.20medical transportation under paragraphs (p) and (q), shall exempt all modes of transportation
	4082	+	126.21listed under paragraph (l) (n) from Minnesota Rules, part 9505.0445, item R, subitem (2).
	4083	+	126.22 (t) (w) Effective for the first day of each calendar quarter in which the price of gasoline
	4084	+	126.23as posted publicly by the United States Energy Information Administration exceeds $3.00
	4085	+	126.24per gallon, the commissioner shall adjust the rate paid per mile in paragraph (p) (r) by one
	4086	+	126.25percent up or down for every increase or decrease of ten cents for the price of gasoline. The
	4087	+	126.26increase or decrease must be calculated using a base gasoline price of $3.00. The percentage
	4088	+	126.27increase or decrease must be calculated using the average of the most recently available
	4089	+	126.28price of all grades of gasoline for Minnesota as posted publicly by the United States Energy
	4090	+	126.29Information Administration. This paragraph expires July 1, 2026, for medical assistance
	4091	+	126.30fee-for-service and January 1, 2027, for prepaid medical assistance.
	4092	+	126.31 EFFECTIVE DATE.This section is effective the day following final enactment.
	4093	+	126Article 5 Sec. 4.
	4094	+	REVISOR AGW/AC 25-0033903/03/25 127.1Sec. 5. Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
	4095	+	127.2to read:
	4096	+	127.3 Subd. 18i.Administration of nonemergency medical transportation.Effective July
	4097	+	127.41, 2026, for medical assistance fee-for-service and January 1, 2027, for prepaid medical
	4098	+	127.5assistance, the commissioner must contract either statewide or regionally for the
	4099	+	127.6administration of the nonemergency medical transportation program in compliance with
	4100	+	127.7the provisions of this chapter. The contract must include the administration of the
	4101	+	127.8nonemergency medical transportation benefit for those enrolled in managed care as described
	4102	+	127.9in section 256B.69.
	4103	+	127.10 EFFECTIVE DATE.This section is effective the day following final enactment.
	4104	+	127.11Sec. 6. REPEALER.
	4105	+	127.12 Minnesota Statutes 2024, section 256B.0625, subdivisions 18b, 18e, and 18h, are
	4106	+	127.13repealed.
	4107	+	127.14 EFFECTIVE DATE.This section is effective July 1, 2026, for medical assistance
	4108	+	127.15fee-for-service and January 1, 2027, for prepaid medical assistance.
	4109	+	127.16 ARTICLE 6
	4110	+	127.17 MISCELLANEOUS
	4111	+	127.18Section 1. Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
	4112	+	127.19 Subd. 11.Nursing facility level of care.(a) For purposes of medical assistance payment
	4113	+	127.20of long-term care services, a recipient must be determined, using assessments defined in
	4114	+	127.21subdivision 4, to meet one of the following nursing facility level of care criteria:
	4115	+	127.22 (1) the person requires formal clinical monitoring at least once per day;
	4116	+	127.23 (2) the person needs the assistance of another person or constant supervision to begin
	4117	+	127.24and complete at least four of the following activities of living: bathing, bed mobility, dressing,
	4118	+	127.25eating, grooming, toileting, transferring, and walking;
	4119	+	127.26 (3) the person needs the assistance of another person or constant supervision to begin
	4120	+	127.27and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
	4121	+	127.28 (4) the person has significant difficulty with memory, using information, daily decision
	4122	+	127.29making, or behavioral needs that require intervention;
	4123	+	127.30 (5) the person has had a qualifying nursing facility stay of at least 90 days;
	4124	+	127Article 6 Section 1.
	4125	+	REVISOR AGW/AC 25-0033903/03/25 128.1 (6) the person meets the nursing facility level of care criteria determined 90 days after
	4126	+	128.2admission or on the first quarterly assessment after admission, whichever is later; or
	4127	+	128.3 (7) the person is determined to be at risk for nursing facility admission or readmission
	4128	+	128.4through a face-to-face long-term care consultation assessment as specified in section
	4129	+	128.5256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
	4130	+	128.6organization under contract with the Department of Human Services. The person is
	4131	+	128.7considered at risk under this clause if the person currently lives alone or will live alone or
	4132	+	128.8be homeless without the person's current housing and also meets one of the following criteria:
	4133	+	128.9 (i) the person has experienced a fall resulting in a fracture;
	4134	+	128.10 (ii) the person has been determined to be at risk of maltreatment or neglect, including
	4135	+	128.11self-neglect; or
	4136	+	128.12 (iii) the person has a sensory impairment that substantially impacts functional ability
	4137	+	128.13and maintenance of a community residence.
	4138	+	128.14 (b) The assessment used to establish medical assistance payment for nursing facility
	4139	+	128.15services must be the most recent assessment performed under subdivision 4, paragraphs (b)
	4140	+	128.16and (c), that occurred no more than 90 calendar days before the effective date of medical
	4141	+	128.17assistance eligibility for payment of long-term care services. In no case shall medical
	4142	+	128.18assistance payment for long-term care services occur prior to the date of the determination
	4143	+	128.19of nursing facility level of care.
	4144	+	128.20 (c) The assessment used to establish medical assistance payment for long-term care
	4145	+	128.21services provided under chapter 256S and section 256B.49 and alternative care payment
	4146	+	128.22for services provided under section 256B.0913 must be the most recent face-to-face
	4147	+	128.23assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
	4148	+	128.24that occurred no more than 60 one calendar days year before the effective date of medical
	4149	+	128.25assistance eligibility for payment of long-term care services.
	4150	+	128.26Sec. 2. Minnesota Statutes 2024, section 256.01, subdivision 34, is amended to read:
	4151	+	128.27 Subd. 34.Federal administrative reimbursement dedicated.Federal administrative
	4152	+	128.28reimbursement resulting from the following activities is appropriated to the commissioner
	4153	+	128.29for the designated purposes:
	4154	+	128.30 (1) reimbursement for the Minnesota senior health options project; and
	4155	+	128.31 (2) reimbursement related to prior authorization, review of medical necessity, and
	4156	+	128.32inpatient admission certification by a professional review organization. A portion of these
	4157	+	128Article 6 Sec. 2.
	4158	+	REVISOR AGW/AC 25-0033903/03/25 129.1funds must be used for activities to decrease unnecessary pharmaceutical costs in medical
	4159	+	129.2assistance.; and
	4160	+	129.3 (3) reimbursement for capacity building and implementation grant expenditures for the
	4161	+	129.4medical assistance reentry demonstration waiver under section 256B.0761.
	4162	+	129.5 ARTICLE 7
	4163	+	129.6 DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS
	4164	+	129.7Section 1. HUMAN SERVICES APPROPRIATIONS.
	4165	+	129.8 The sums shown in the columns marked "Appropriations" are appropriated to the
	4166	+	129.9commissioner of human services and for the purposes specified in this article. The
	4167	+	129.10appropriations are from the general fund, or another named fund, and are available for the
	4168	+	129.11fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article
	4169	+	129.12mean that the appropriations listed under them are available for the fiscal year ending June
	4170	+	129.1330, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second
	4171	+	129.14year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
	4172	+	129.15 APPROPRIATIONS
	4173	+	129.16 Available for the Year
	4174	+	129.17 Ending June 30
	4175	+	2027129.18 2026
	4176	+	5,133,590,000$5,225,959,000$129.19Sec. 2. TOTAL APPROPRIATION
	4177	+	129.20Subdivision 1.Appropriations by Fund
	4178	+	129.21 Appropriations by Fund
	4179	+	2027129.22 2026
	4180	+	5,131,732,0005,204,101,000129.23General
	4181	+	1,733,0001,733,000129.24Lottery Prize
6889	4182		125,000125,000
6890		-	210.20Health Care Access
6891		-	210.21Fund
6892		-	210.22Subd. 2.Base Level Adjustment
6893		-	210.23The general fund base for this section is
6894		-	210.24$51,632,000 in fiscal year 2028 and
6895		-	210.25$51,432,000 in fiscal year 2029.
6896		-	24,358,000$24,728,000$
6897		-	210.26Sec. 6. CENTRAL OFFICE; BEHAVIORAL
6898		-	210.27HEALTH
6899		-	210.28 Appropriations by Fund
6900		-	2027210.29 2026
6901		-	24,195,00024,565,000210.30General
6902		-	163,000163,000210.31Lottery Prize
6903		-	210.32The general fund base for this section is
6904		-	210.33$24,018,000 in fiscal year 2028 and
6905		-	210.34$24,018,000 in fiscal year 2029.
6906		-	6,424,000$6,692,000$
6907		-	210.35Sec. 7. CENTRAL OFFICE; HOMELESSNESS,
6908		-	210.36HOUSING, AND SUPPORT SERVICES
6909		-	210Article 11 Sec. 7.
6910		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 211.1The general fund base for this section is
6911		-	211.2$6,469,000 in fiscal year 2028 and $6,469,000
6912		-	211.3in fiscal year 2029.
6913		-	47,100,000$43,786,000$
6914		-	211.4Sec. 8. CENTRAL OFFICE; OFFICE OF
6915		-	211.5INSPECTOR GENERAL
6916		-	211.6 Appropriations by Fund
6917		-	2027211.7 2026
6918		-	42,259,00038,945,000211.8General
6919		-	3,900,0003,900,000
6920		-	211.9State Government
6921		-	211.10Special Revenue
6922		-	941,000941,000
6923		-	211.11Health Care Access
6924		-	211.12Fund
6925		-	211.13The general fund base for this section is
6926		-	211.14$42,202,000 in fiscal year 2028 and
6927		-	211.15$42,148,000 in fiscal year 2029.
6928		-	86,462,000$84,138,000$
6929		-	211.16Sec. 9. FORECASTED PROGRAMS;
6930		-	211.17GENERAL ASSISTANCE GRANTS
6931		-	69,089,000$67,113,000$
6932		-	211.18Sec. 10. FORECASTED PROGRAMS;
6933		-	211.19MINNESOTA SUPPLEMENTAL AID
6934		-	211.20GRANTS
6935		-	275,009,000$279,258,000$
6936		-	211.21Sec. 11. FORECASTED PROGRAMS;
6937		-	211.22HOUSING SUPPORT
6938		-	7,574,388,000$7,466,424,000$
6939		-	211.23Sec. 12. FORECASTED PROGRAMS;
6940		-	211.24MEDICAL ASSISTANCE
6941		-	56,312,000$55,694,000$
6942		-	211.25Sec. 13. FORECASTED PROGRAMS;
6943		-	211.26ALTERNATIVE CARE
6944		-	211.27Any money allocated to the alternative care
6945		-	211.28program that is not spent for the purposes
6946		-	211.29indicated does not cancel but must be
6947		-	211.30transferred to the medical assistance account.
6948		-	115,673,000$136,578,000$
6949		-	211.31Sec. 14. FORECASTED PROGRAMS;
6950		-	211.32BEHAVIORAL HEALTH FUND
6951		-	100,000$100,000$
6952		-	211.33Sec. 15. GRANT PROGRAMS; REFUGEE
6953		-	211.34SERVICES GRANTS
6954		-	(100,000)$(100,000)$
6955		-	211.35Sec. 16. GRANT PROGRAMS; HEALTH
6956		-	211.36CARE GRANTS
6957		-	211Article 11 Sec. 16.
6958		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 2,721,000$3,543,000$
6959		-	212.1Sec. 17. GRANT PROGRAMS; OTHER
6960		-	212.2LONG-TERM CARE GRANTS
6961		-	212.3Supported-decision-making programs.
6962		-	212.4$796,000 in fiscal year 2026 and $796,000 in
6963		-	212.5fiscal year 2027 are for
6964		-	212.6supported-decision-making grants under Laws
6965		-	212.72023, chapter 61, article 1, section 61,
6966		-	212.8subdivision 3. This is a onetime appropriation
6967		-	212.9and is available until June 30, 2027.
6968		-	41,055,000$42,054,000$
6969		-	212.10Sec. 18. GRANT PROGRAMS; AGING AND
6970		-	212.11ADULT SERVICES GRANTS
6971		-	212.12Subdivision 1.Senior Nutrition Programs
6972		-	212.13$1,538,000 in fiscal year 2026 and $1,538,000
6973		-	212.14in fiscal year 2027 are for senior nutrition
6974		-	212.15programs under Minnesota Statutes, section
6975		-	212.16256.9752. This is a onetime appropriation.
6976		-	212.17Subd. 2.Dementia Grants
6977		-	212.18$1,000,000 in fiscal year 2026 is for regional
6978		-	212.19and local dementia grants administered by the
6979		-	212.20Minnesota Board on Aging under Minnesota
6980		-	212.21Statutes, section 256.975, subdivision 11. This
6981		-	212.22is a onetime appropriation and is available
6982		-	212.23until June 20, 2027.
6983		-	212.24Subd. 3.Base Level Adjustment
6984		-	212.25The general fund base for this section is
6985		-	212.26$39,517,000 in fiscal year 2028 and
6986		-	212.27$39,517,000 in fiscal year 2029.
	4183	+	129.25State Government
	4184	+	129.26Special Revenue
	4185	+	-0-20,000,000
	4186	+	129.27Family and Medical
	4187	+	129.28Benefit Insurance
	4188	+	129.29The amounts that may be spent for each
	4189	+	129.30purpose are specified in the following sections.
	4190	+	129.31Subd. 2.Information Technology Appropriations
	4191	+	129.32(a) IT Appropriations Generally
	4192	+	129.33This appropriation includes funds for
	4193	+	129.34information technology projects, services, and
	4194	+	129Article 7 Sec. 2.
	4195	+	REVISOR AGW/AC 25-0033903/03/25 130.1support. Notwithstanding Minnesota Statutes,
	4196	+	130.2section 16E.0466, funding for information
	4197	+	130.3technology project costs must be incorporated
	4198	+	130.4into the service-level agreement and paid to
	4199	+	130.5Minnesota IT Services by the Department of
	4200	+	130.6Human Services under the rates and
	4201	+	130.7mechanism specified in that agreement.
	4202	+	130.8(b) Receipts for Systems Project
	4203	+	130.9Appropriations and federal receipts for
	4204	+	130.10information technology systems projects for
	4205	+	130.11MAXIS, PRISM, MMIS, ISDS, METS, and
	4206	+	130.12SSIS must be deposited in the state systems
	4207	+	130.13account authorized in Minnesota Statutes,
	4208	+	130.14section 256.014. Money appropriated for
	4209	+	130.15information technology projects approved by
	4210	+	130.16the commissioner of Minnesota IT Services,
	4211	+	130.17funded by the legislature, and approved by the
	4212	+	130.18commissioner of management and budget may
	4213	+	130.19be transferred from one project to another and
	4214	+	130.20from development to operations as the
	4215	+	130.21commissioner of human services deems
	4216	+	130.22necessary. Any unexpended balance in the
	4217	+	130.23appropriation for these projects does not
	4218	+	130.24cancel and is available for ongoing
	4219	+	130.25development and operations.
	4220	+	4,836,000$4,315,000$130.26Sec. 3. CENTRAL OFFICE; OPERATIONS
	4221	+	130.27The general fund base for this section is
	4222	+	130.28$3,196,000 in fiscal year 2028 and $3,010,000
	4223	+	130.29in fiscal year 2029.
	4224	+	3,871,000$3,358,000$130.30Sec. 4. CENTRAL OFFICE; HEALTH CARE
	4225	+	51,498,000$52,510,000$
	4226	+	130.31Sec. 5. CENTRAL OFFICE; AGING AND
	4227	+	130.32DISABILITY SERVICES
	4228	+	130.33Subdivision 1.Appropriations by Fund
	4229	+	130Article 7 Sec. 5.
	4230	+	REVISOR AGW/AC 25-0033903/03/25 2027131.1 2026
	4231	+	51,373,00052,385,000131.2General
	4232	+	125,000125,000
	4233	+	131.3State Government
	4234	+	131.4Special Revenue
	4235	+	131.5Subd. 2.Residential Overnight Staffing Reform
	4236	+	131.6Study
	4237	+	131.7$250,000 in fiscal year 2026 is to complete a
	4238	+	131.8study on residential overnight staffing reform.
	4239	+	131.9This is a onetime appropriation.
	4240	+	131.10Subd. 3.Base Level Adjustment
	4241	+	131.11The general fund base for this section is
	4242	+	131.12$50,701,000 in fiscal year 2028 and
	4243	+	131.13$50,701,000 in fiscal year 2029.
	4244	+	686,000$735,000$
	4245	+	131.14Sec. 6. CENTRAL OFFICE; BEHAVIORAL
	4246	+	131.15HEALTH
	4247	+	131.16$150,000 in fiscal year 2026 is for a
	4248	+	131.17workgroup on recovery residences. This is a
	4249	+	131.18onetime appropriation and is available until
	4250	+	131.19June 30, 2027.
	4251	+	276,000$-0-$
	4252	+	131.20Sec. 7. CENTRAL OFFICE; HOMELESSNESS,
	4253	+	131.21HOUSING, AND SUPPORT SERVICES
	4254	+	131.22The general fund base for this section is
	4255	+	131.23$321,000 in fiscal year 2028 and $321,000 in
	4256	+	131.24fiscal year 2029.
	4257	+	11,330,000$8,883,000$
	4258	+	131.25Sec. 8. CENTRAL OFFICE; OFFICE OF
	4259	+	131.26INSPECTOR GENERAL
	4260	+	131.27The general fund base for this section is
	4261	+	131.28$11,476,000 in fiscal year 2028 and
	4262	+	131.29$11,476,000 in fiscal year 2029.
	4263	+	1,800,000$-0-$
	4264	+	131.30Sec. 9. FORECASTED PROGRAMS;
	4265	+	131.31HOUSING SUPPORT
	4266	+	4,734,694,000$4,766,244,000$
	4267	+	131.32Sec. 10. FORECASTED PROGRAMS;
	4268	+	131.33MEDICAL ASSISTANCE
	4269	+	186,000$74,000$
	4270	+	131.34Sec. 11. FORECASTED PROGRAMS;
	4271	+	131.35ALTERNATIVE CARE
	4272	+	131Article 7 Sec. 11.
	4273	+	REVISOR AGW/AC 25-0033903/03/25 132.1Any money allocated to the alternative care
	4274	+	132.2program that is not spent for the purposes
	4275	+	132.3indicated does not cancel but must be
	4276	+	132.4transferred to the medical assistance account.
	4277	+	107,822,000$114,251,000$
	4278	+	132.5Sec. 12. FORECASTED PROGRAMS;
	4279	+	132.6BEHAVIORAL HEALTH FUND
	4280	+	1,925,000$22,747,000$
	4281	+	132.7Sec. 13. GRANT PROGRAMS; OTHER
	4282	+	132.8LONG-TERM CARE GRANTS
	4283	+	132.9Subdivision 1.Appropriations by Fund
	4284	+	2027132.10 2026
	4285	+	1,925,0002,747,000132.11General
	4286	+	.......20,000,000
	4287	+	132.12Family and Medical
	4288	+	132.13Benefit Insurance
	4289	+	132.14Subd. 2.Direct Care Provider Premiums
	4290	+	132.15Through HCBS Workforce Incentive Fund
	4291	+	132.16(a) $20,000,000 in fiscal year 2026 is from the
	4292	+	132.17family and medical benefit account to the
	4293	+	132.18commissioner of human services to provide
	4294	+	132.19reimbursement for premiums incurred for the
	4295	+	132.20paid family and medical leave program under
	4296	+	132.21this chapter. Funds must be administered
	4297	+	132.22through the home and community-based
	4298	+	132.23workforce incentive fund under Minnesota
	4299	+	132.24Statutes, section 256.4764.
	4300	+	132.25(b) The commissioner of employment and
	4301	+	132.26economic development shall share premium
	4302	+	132.27payment data collected under this chapter to
	4303	+	132.28assist the commissioner of human services in
	4304	+	132.29the verification process of premiums paid
	4305	+	132.30under this section.
	4306	+	132.31(c) The amount in this subdivision is for the
	4307	+	132.32purposes of Minnesota Statutes, section
	4308	+	132.33256.4764. This is a onetime appropriation and
	4309	+	132.34is available until June 30, 2027.
	4310	+	132Article 7 Sec. 13.
	4311	+	REVISOR AGW/AC 25-0033903/03/25 33,862,000$33,861,000$
	4312	+	133.1Sec. 14. GRANT PROGRAMS; AGING AND
	4313	+	133.2ADULT SERVICES GRANTS
6987	4314		2,886,000$2,886,000$
6988		-	212.28Sec. 19. DEAF, DEAFBLIND, AND HARD OF
6989		-	212.29HEARING GRANTS
6990		-	26,353,000$66,580,000$
6991		-	212.30Sec. 20. GRANT PROGRAMS; DISABILITY
6992		-	212.31GRANTS
6993		-	212Article 11 Sec. 20.
6994		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 213.1Subdivision 1.Self-Directed Bargaining
6995		-	213.2Agreement; Orientation Start-Up Funds
6996		-	213.3$3,000,000 in fiscal year 2026 is for
6997		-	213.4orientation program start-up costs as defined
6998		-	213.5by the SEIU collective bargaining agreement.
6999		-	213.6This is a onetime appropriation.
7000		-	213.7Subd. 2.Self-Directed Bargaining Agreement;
7001		-	213.8Orientation Ongoing Funds
7002		-	213.9$2,000,000 in fiscal year 2026 and $500,000
7003		-	213.10in fiscal year 2027 are for ongoing costs
7004		-	213.11related to the orientation program as defined
7005		-	213.12by the SEIU collective bargaining agreement.
7006		-	213.13The base for this appropriation is $500,000 in
7007		-	213.14fiscal year 2028 and $500,000 in fiscal year
7008		-	213.152029.
7009		-	213.16Subd. 3.Self-Directed Bargaining Agreement;
7010		-	213.17Training Stipends
7011		-	213.18$2,250,000 in fiscal year 2026 is for onetime
7012		-	213.19stipends of $750 for collective bargaining unit
7013		-	213.20members for training. This is a onetime
7014		-	213.21appropriation.
7015		-	213.22Subd. 4.Self-Directed Bargaining Agreement;
7016		-	213.23Retirement Trust Funds
7017		-	213.24$350,000 in fiscal year 2026 is for a vendor
7018		-	213.25to create a retirement trust, as defined by the
7019		-	213.26SEIU collective bargaining agreement. This
7020		-	213.27is a onetime appropriation.
7021		-	213.28Subd. 5.Self-Directed Bargaining Agreement;
7022		-	213.29Health Care Stipends
7023		-	213.30$30,750,000 in fiscal year 2026 is for stipends
7024		-	213.31of $1,200 for collective bargaining unit
7025		-	213.32members for retention and defraying any
7026		-	213.33health insurance costs they may incur.
7027		-	213.34Stipends are available once per fiscal year per
7028		-	213.35member for fiscal year 2026 and fiscal year
7029		-	213Article 11 Sec. 20.
7030		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 214.12027. Of this amount, $30,000,000 in fiscal
7031		-	214.2year 2026 is for stipends and $750,000 in
7032		-	214.3fiscal year 2026 is for administration. This is
7033		-	214.4a onetime appropriation and is available until
7034		-	214.5June 30, 2027.
7035		-	214.6Subd. 6.HIV/AIDS Supportive Services
7036		-	214.7$6,000,000 in fiscal year 2026 from the
7037		-	214.8general fund to the commissioner of human
7038		-	214.9services for grants to community-based
7039		-	214.10HIV/AIDS supportive services providers as
7040		-	214.11defined in Minnesota Statutes, section 256.01,
7041		-	214.12subdivision 19, and for payment of allowed
7042		-	214.13health care costs as defined in Minnesota
7043		-	214.14Statutes, section 256.9365. This is a onetime
7044		-	214.15appropriation and is available until June 30,
7045		-	214.162027.
7046		-	214.17Subd. 7.Disability Service Technology and
7047		-	214.18Advocacy Grant
7048		-	214.19$500,000 in fiscal year 2026 and $500,000 in
7049		-	214.20fiscal year 2027 are for the purposes of the
7050		-	214.21disability services technology and advocacy
7051		-	214.22grant under Minnesota Statutes, section
7052		-	214.23256.4768. The general fund base appropriation
7053		-	214.24for this purpose is set at $500,000 in fiscal
7054		-	214.25year 2028, $500,000 in fiscal year 2029,
7055		-	214.26$500,000 in fiscal year 2030, and $0 in fiscal
7056		-	214.27year 2031.
7057		-	214.28Subd. 8.Intensive Residential Treatment
7058		-	214.29Services; Hennepin County
7059		-	214.30$1,500,000 in fiscal year 2026 is for a grant
7060		-	214.31to the city of Brooklyn Park as start-up
7061		-	214.32funding for an intensive residential treatment
7062		-	214.33services and residential crisis stabilization
7063		-	214.34services facility. This is a onetime
7064		-	214Article 11 Sec. 20.
7065		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 215.1appropriation and is available until June 30,
7066		-	215.22027.
7067		-	100,098,000$99,998,000$
7068		-	215.3Sec. 21. GRANT PROGRAMS; HOUSING
7069		-	215.4GRANTS
7070		-	215.5Subdivision 1.Minnesota Homeless Study
7071		-	215.6(a) $900,000 in fiscal year 2026 is for a grant
7072		-	215.7to the Amherst H. Wilder Foundation for the
7073		-	215.8Minnesota homeless study. This appropriation
7074		-	215.9must be disbursed to the Amherst H. Wilder
7075		-	215.10Foundation no later than July 15, 2025, and
7076		-	215.11used for activities directly related to the
7077		-	215.12triennial Minnesota homeless study.
7078		-	215.13Notwithstanding Minnesota Statutes, section
7079		-	215.1416B.98, subdivision 14, the commissioner may
7080		-	215.15use up to one percent of this appropriation for
7081		-	215.16administrative costs.
7082		-	215.17(b) The Amherst H. Wilder Foundation must
7083		-	215.18submit a copy of the Minnesota homeless
7084		-	215.19study and a report that summarizes the
7085		-	215.20findings of the study to the chairs and ranking
7086		-	215.21minority members of the legislative
7087		-	215.22committees with jurisdiction over housing and
7088		-	215.23homelessness by March 1, 2028.
7089		-	215.24(c) Notwithstanding Minnesota Statutes,
7090		-	215.25section 16A.28, any unencumbered balance
7091		-	215.26in fiscal year 2026 does not cancel and is
7092		-	215.27available in fiscal year 2027.
7093		-	215.28Subd. 2.Emergency Shelter Facilities
7094		-	215.29(a) $3,000,000 in fiscal year 2026 is for grants
7095		-	215.30to eligible applicants for the acquisition of
7096		-	215.31property; site preparation, including
7097		-	215.32demolition; predesign; design; construction;
7098		-	215.33renovation; furnishing; and equipping of
7099		-	215Article 11 Sec. 21.
7100		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 216.1emergency shelter facilities in accordance with
7101		-	216.2emergency shelter facilities grants.
7102		-	216.3(b) This is a onetime appropriation and is
7103		-	216.4available until June 30, 2027.
7104		-	216.5Subd. 3.Base Level Adjustment
7105		-	216.6The general fund base for this section is
7106		-	216.7$97,098,000 in fiscal year 2028 and
7107		-	216.8$97,098,000 in fiscal year 2029.
7108		-	110,852,000$110,852,000$
7109		-	216.9Sec. 22. GRANT PROGRAMS; ADULT
7110		-	216.10MENTAL HEALTH GRANTS
7111		-	216.11Mobile crisis grants. $1,620,000 in fiscal year
7112		-	216.122026 is for mobile crisis grants under
7113		-	216.13Minnesota Statutes, section 245.4661,
7114		-	216.14subdivision 9, paragraph (b), clause (15).
7115		-	216.15Money may be used by mobile crisis teams to
7116		-	216.16purchase and renovate vehicles to provide
7117		-	216.17protected transport under Minnesota Statutes,
7118		-	216.18section 256B.0625, subdivision 17, paragraph
7119		-	216.19(l), clause (6). This is a onetime appropriation.
7120		-	36,175,000$37,375,000$
7121		-	216.20Sec. 23. GRANT PROGRAMS; CHILDREN'S
7122		-	216.21MENTAL HEALTH GRANTS
7123		-	216.22Subdivision 1.Clay County Psychiatric
7124		-	216.23Residential Treatment Facility
7125		-	216.24$1,200,000 in fiscal year 2026 is for a grant
7126		-	216.25to Clay County for costs related to the
7127		-	216.26purchase of equipment and final redesign and
7128		-	216.27remodeling for the conversion of the West
7129		-	216.28Central Regional Juvenile Center nonsecure
7130		-	216.29unit into an 18-bed psychiatric residential
7131		-	216.30treatment facility for persons younger than 21
7132		-	216.31years of age, pursuant to Minnesota Statutes,
7133		-	216.32section 256B.0941. This is a onetime
7134		-	216.33appropriation.
7135		-	216Article 11 Sec. 23.
7136		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 217.1Subd. 2.School-Linked Behavioral Health
7137		-	217.2Grants
7138		-	217.3$1,250,000 in fiscal year 2026 and $1,250,000
7139		-	217.4in fiscal year 2027 are for school-linked
7140		-	217.5behavioral health grants under Minnesota
7141		-	217.6Statutes, section 245.4901.
7142		-	3,247,000$3,247,000$
7143		-	217.7Sec. 24. GRANT PROGRAMS; CHEMICAL
7144		-	217.8DEPENDENCY TREATMENT SUPPORT
7145		-	217.9GRANTS
7146		-	2,220,000$2,220,000$217.10Sec. 25. GRANT PROGRAMS; HIV GRANTS
7147		-	217.11Sec. 26. Laws 2023, chapter 61, article 9, section 2, subdivision 14, as amended by Laws
7148		-	217.122024, chapter 127, article 53, section 13, is amended to read:
7149		-	34,795,000164,626,000
7150		-	217.13Subd. 14.Grant Programs; Aging and Adult
7151		-	217.14Services Grants
7152		-	217.15(a) Vulnerable Adult Act Redesign Phase
7153		-	217.16Two. $17,129,000 in fiscal year 2024 is for
7154		-	217.17adult protection grants to counties and Tribes
7155		-	217.18under Minnesota Statutes, section 256M.42.
7156		-	217.19Notwithstanding Minnesota Statutes, section
7157		-	217.2016A.28, this appropriation is available until
7158		-	217.21June 30, 2027. The base for this appropriation
7159		-	217.22is $866,000 in fiscal year 2026 and $867,000
7160		-	217.23in fiscal year 2027.
7161		-	217.24(b) Caregiver Respite Services Grants.
7162		-	217.25$1,800,000 in fiscal year 2025 is for caregiver
7163		-	217.26respite services grants under Minnesota
7164		-	217.27Statutes, section 256.9756. This is a onetime
7165		-	217.28appropriation. Notwithstanding Minnesota
7166		-	217.29Statutes, section 16A.28, subdivision 3, this
7167		-	217.30appropriation is available until June 30, 2027.
7168		-	217.31(c) Live Well at Home Grants. $4,575,000
7169		-	217.32in fiscal year 2024 is for live well at home
7170		-	217.33grants under Minnesota Statutes, section
7171		-	217.34256.9754, subdivision 3f. This is a onetime
7172		-	217Article 11 Sec. 26.
7173		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 218.1appropriation and is available until June 30,
7174		-	218.22025.
7175		-	218.3(d) Senior Nutrition Program. $10,552,000
7176		-	218.4in fiscal year 2024 is for the senior nutrition
7177		-	218.5program. Notwithstanding Minnesota Statutes,
7178		-	218.6section 16A.28, this appropriation is available
7179		-	218.7until June 30, 2027. This is a onetime
7180		-	218.8appropriation.
7181		-	218.9(e) Age-Friendly Community Grants.
7182		-	218.10$3,000,000 in fiscal year 2024 is for the
7183		-	218.11continuation of age-friendly community grants
7184		-	218.12under Laws 2021, First Special Session
7185		-	218.13chapter 7, article 17, section 8, subdivision 1.
7186		-	218.14Notwithstanding Minnesota Statutes, section
7187		-	218.1516A.28, this is a onetime appropriation and is
7188		-	218.16available until June 30, 2027.
7189		-	218.17(f) Age-Friendly Technical Assistance
7190		-	218.18Grants. $1,725,000 in fiscal year 2024 is for
7191		-	218.19the continuation of age-friendly technical
7192		-	218.20assistance grants under Laws 2021, First
7193		-	218.21Special Session chapter 7, article 17, section
7194		-	218.228, subdivision 2. Notwithstanding Minnesota
7195		-	218.23Statutes, section 16A.28, this is a onetime
7196		-	218.24appropriation and is available until June 30,
7197		-	218.252027.
7198		-	218.26(g) Long-Term Services and Supports Loan
7199		-	218.27Program. $93,200,000 in fiscal year 2024 is
7200		-	218.28for the long-term services and supports loan
7201		-	218.29program under Minnesota Statutes, section
7202		-	218.30256R.55, and is available as provided therein.
7203		-	218.31(h) Base Level Adjustment. The general fund
7204		-	218.32base is $33,861,000 in fiscal year 2026 and
7205		-	218.33$33,862,000 in fiscal year 2027.
7206		-	218.34 EFFECTIVE DATE.This section is effective the day following final enactment.
7207		-	218Article 11 Sec. 26.
7208		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 219.1Sec. 27. TRANSFERS.
7209		-	219.2 Subdivision 1.Grants.The commissioner of human services, with the approval of the
7210		-	219.3commissioner of management and budget, may transfer unencumbered appropriation balances
7211		-	219.4for the biennium ending June 30, 2025, within fiscal years among general assistance, medical
7212		-	219.5assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing support
7213		-	219.6program, and the entitlement portion of the behavioral health fund between fiscal years of
7214		-	219.7the biennium. The commissioner shall report to the chairs and ranking minority members
7215		-	219.8of the legislative committees with jurisdiction over health and human services quarterly
7216		-	219.9about transfers made under this subdivision.
7217		-	219.10 Subd. 2.Administration.Positions, salary money, and nonsalary administrative money
7218		-	219.11may be transferred within the Department of Human Services as the commissioners deem
7219		-	219.12necessary, with the advance approval of the commissioner of management and budget. The
7220		-	219.13commissioners shall report to the chairs and ranking minority members of the legislative
7221		-	219.14committees with jurisdiction over health and human services finance quarterly about transfers
7222		-	219.15made under this section.
7223		-	219.16 Subd. 3.Children, youth, and families.Administrative money may be transferred
7224		-	219.17between the Department of Human Services and the Department of Children, Youth, and
7225		-	219.18Families as the commissioners deem necessary, with the advance approval of the
7226		-	219.19commissioner of management and budget. The commissioners shall report to the chairs and
7227		-	219.20ranking minority members of the legislative committees with jurisdiction over children and
7228		-	219.21families quarterly about transfers made under this section.
7229		-	219.22Sec. 28. CANCELLATIONS.
7230		-	219.23 Subdivision 1.Local planning grants.Local planning grants under Laws 2011, First
7231		-	219.24Special Session chapter 9, article 10, section 3, subdivision 4, paragraph (k), are eliminated
7232		-	219.25and the remaining balance is canceled to the general fund.
7233		-	219.26 Subd. 2.Direct care provider premiums through HCBS workforce incentive
7234		-	219.27fund.$20,000,000 of the base appropriation in Laws 2023, chapter 59, article 3, section
7235		-	219.2811, is canceled to the general fund.
7236		-	219.29 Subd. 3.Self-directed collective bargaining agreement; retention
7237		-	219.30bonuses.$27,000,000 of the appropriation in Laws 2023, chapter 61, article 9, section 2,
7238		-	219.31subdivision 16, paragraph (g), is canceled to the general fund.
7239		-	219Article 11 Sec. 28.
7240		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 220.1 Subd. 4.Temporary grants for small customized living providers.$5,450,000 of the
7241		-	220.2appropriation in Laws 2023, chapter 61, article 9, section 2, subdivision 16, paragraph (a),
7242		-	220.3is canceled to the general fund.
7243		-	220.4 EFFECTIVE DATE.This section is effective the day following final enactment.
7244		-	220.5Sec. 29. APPROPRIATIONS GIVEN EFFECT ONCE.
7245		-	220.6 If an appropriation, transfer, or cancellation in this article is enacted more than once
7246		-	220.7during the 2025 regular session, the appropriation, transfer, or cancellation must be given
7247		-	220.8effect once.
7248		-	220.9Sec. 30. EXPIRATION OF UNCODIFIED LANGUAGE.
7249		-	220.10 All uncodified language contained in this article expires on June 30, 2027, unless a
7250		-	220.11different expiration date is explicit.
7251		-	220.12Sec. 31. EFFECTIVE DATE.
7252		-	220.13 This article is effective July 1, 2025, unless a different effective date is specified.
7253		-	220.14 ARTICLE 12
7254		-	220.15 DIRECT CARE AND TREATMENT APPROPRIATIONS
7255		-	220.16Section 1. DIRECT CARE AND TREATMENT APPROPRIATIONS.
7256		-	220.17 The sums shown in the columns marked "Appropriations" are appropriated to the
7257		-	220.18executive board of direct care and treatment and for the purposes specified in this article.
7258		-	220.19The appropriations are from the general fund, or another named fund, and are available for
7259		-	220.20the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this
7260		-	220.21article mean that the appropriations listed under them are available for the fiscal year ending
7261		-	220.22June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The
7262		-	220.23second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
7263		-	220.24 APPROPRIATIONS
7264		-	220.25 Available for the Year
7265		-	220.26 Ending June 30
7266		-	2027220.27 2026
7267		-	614,521,000$589,928,000$
7268		-	220.28Sec. 2. EXECUTIVE BOARD OF DIRECT
7269		-	220.29CARE AND TREATMENT; TOTAL
7270		-	220.30APPROPRIATION
7271		-	220.31The amounts that may be spent for each
7272		-	220.32purpose are specified in the following sections.
7273		-	220Article 12 Sec. 2.
7274		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 194,840,000$189,761,000$
7275		-	221.1Sec. 3. MENTAL HEALTH AND SUBSTANCE
7276		-	221.2ABUSE
7277		-	14,170,000$13,927,000$221.3Sec. 4. COMMUNITY-BASED SERVICES
7278		-	164,094,000$160,239,000$221.4Sec. 5. FORENSIC SERVICES
7279		-	131,351,000$128,050,000$221.5Sec. 6. SEX OFFENDER PROGRAM
7280		-	110,066,000$97,951,000$221.6Sec. 7. ADMINISTRATION
7281		-	221.7Locked psychiatric residential treatment
7282		-	221.8facility report. $100,000 in fiscal year 2026
7283		-	221.9is for planning a build-out of a locked
7284		-	221.10psychiatric residential treatment facility
7285		-	221.11(PRTF) operated by Direct Care and
7286		-	221.12Treatment. This is a onetime appropriation
7287		-	221.13and is available until June 30, 2027. By March
7288		-	221.141, 2026, the Direct Care and Treatment
7289		-	221.15executive board must report to the chairs and
7290		-	221.16ranking minority members of the legislative
7291		-	221.17committees with jurisdiction over human
7292		-	221.18services finance and policy on the plan
7293		-	221.19developed under this section. The report must
7294		-	221.20include but not be limited to:
7295		-	221.21(1) the risks and benefits of locating the locked
7296		-	221.22PRTF in a metropolitan or rural location;
7297		-	221.23(2) the estimated cost for the build-out of the
7298		-	221.24locked PRTF;
7299		-	221.25(3) the estimated ongoing cost of maintaining
7300		-	221.26the locked PRTF; and
7301		-	221.27(4) the estimated amount of costs that can be
7302		-	221.28recouped from medical assistance,
7303		-	221.29MinnesotaCare, and private insurance
7304		-	221.30payments.
7305		-	221.31Sec. 8. Laws 2024, chapter 127, article 53, section 2, subdivision 19, is amended to read:
7306		-	7,752,000-0-
7307		-	221.32Subd. 19.Direct Care and Treatment - Forensic
7308		-	221.33Services
7309		-	221Article 12 Sec. 8.
7310		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 222.1(a) Employee incentives. $1,000,000 in fiscal
7311		-	222.2year 2025 is for incentives related to the
7312		-	222.3transition of CARE St. Peter to the forensic
7313		-	222.4mental health program. Employee incentive
7314		-	222.5payments under this paragraph must be made
7315		-	222.6to all employees who transitioned from CARE
7316		-	222.7St. Peter to another Direct Care and Treatment
7317		-	222.8program, including employees who
7318		-	222.9transitioned prior to the closure of CARE St.
7319		-	222.10Peter. Employee incentive payments must total
7320		-	222.11$30,000 per transitioned employee, subject to
7321		-	222.12the payment schedule and service requirements
7322		-	222.13in this paragraph. The first incentive payment
7323		-	222.14of $4,000 must be made after the employee
7324		-	222.15has completed six months of service as an
7325		-	222.16employee of another Direct Care and
7326		-	222.17Treatment program, followed by $6,000 at 12
7327		-	222.18months of completed service, $8,000 at 18
7328		-	222.19months of completed service, and $12,000 at
7329		-	222.2024 months of completed service. This is a
7330		-	222.21onetime appropriation and is available until
7331		-	222.22June 30, 2026.
7332		-	222.23(b) Base Level Adjustment. The general fund
7333		-	222.24base is increased by $6,612,000 in fiscal year
7334		-	222.252026 and increased by $6,612,000 in fiscal
7335		-	222.26year 2027.
7336		-	222.27Sec. 9. TRANSFER AUTHORITY.
7337		-	222.28 (a) Money appropriated for budget programs in sections 3 to 7 may be transferred between
7338		-	222.29budget programs and between years of the biennium with the approval of the commissioner
7339		-	222.30of management and budget.
7340		-	222.31 (b) The executive board of Direct Care and Treatment, with the approval of the
7341		-	222.32commissioner of management and budget, may transfer money appropriated for Direct Care
7342		-	222.33and Treatment into the special revenue account for facilities management, security systems,
7343		-	222.34and information technology projects, services, and support.
7344		-	222Article 12 Sec. 9.
7345		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 223.1 (c) Positions, salary money, and nonsalary administrative money may be transferred
7346		-	223.2within and between Direct Care and Treatment and the Department of Human Services as
7347		-	223.3the executive board and commissioner consider necessary, with the advance approval of
7348		-	223.4the commissioner of management and budget.
7349		-	223.5Sec. 10. APPROPRIATIONS GIVEN EFFECT ONCE.
7350		-	223.6 If an appropriation, transfer, or cancellation in this article is enacted more than once
7351		-	223.7during the 2025 regular session, the appropriation, transfer, or cancellation must be given
7352		-	223.8effect once.
7353		-	223.9Sec. 11. EXPIRATION OF UNCODIFIED LANGUAGE.
7354		-	223.10 All uncodified language contained in this article expires on June 30, 2027, unless a
7355		-	223.11different expiration date is explicit.
7356		-	223.12Sec. 12. EFFECTIVE DATE.
7357		-	223.13 This article is effective July 1, 2025, unless a different effective date is specified.
7358		-	223.14 ARTICLE 13
7359		-	223.15 OTHER AGENCY APPROPRIATIONS
7360		-	223.16Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
7361		-	223.17 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
7362		-	223.18and for the purposes specified in this article. The appropriations are from the general fund,
7363		-	223.19or another named fund, and are available for the fiscal years indicated for each purpose.
7364		-	223.20The figures "2026" and "2027" used in this article mean that the appropriations listed under
7365		-	223.21them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
7366		-	223.22"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
7367		-	223.23is fiscal years 2026 and 2027.
7368		-	223.24 APPROPRIATIONS
7369		-	223.25 Available for the Year
7370		-	223.26 Ending June 30
7371		-	2027223.27 2026
7372		-	1,625,000$1,625,000$223.28Sec. 2. COMMISSIONER OF HEALTH
7373		-	2,457,000$2,432,000$223.29Sec. 3. COUNCIL ON DISABILITY
	4315	+	133.3Sec. 15. DEAF, DEAFBLIND, AND HARD OF
	4316	+	133.4HEARING GRANTS
	4317	+	25,853,000$64,030,000$
	4318	+	133.5Sec. 16. GRANT PROGRAMS; DISABILITY
	4319	+	133.6GRANTS
	4320	+	133.7Subdivision 1.Self-Directed Bargaining
	4321	+	133.8Agreement; Orientation Start-Up Funds
	4322	+	133.9$3,000,000 in fiscal year 2026 is for
	4323	+	133.10orientation program start-up costs as defined
	4324	+	133.11by the SEIU collective bargaining agreement.
	4325	+	133.12This is a onetime appropriation.
	4326	+	133.13Subd. 2.Self-Directed Bargaining Agreement;
	4327	+	133.14Orientation Ongoing Funds
	4328	+	133.15$2,000,000 in fiscal year 2026 and $500,000
	4329	+	133.16in fiscal year 2027 are for ongoing costs
	4330	+	133.17related to the orientation program as defined
	4331	+	133.18by the SEIU collective bargaining agreement.
	4332	+	133.19The base for this appropriation is $500,000 in
	4333	+	133.20fiscal year 2028 and $500,000 in fiscal year
	4334	+	133.212029.
	4335	+	133.22Subd. 3.Self-Directed Bargaining Agreement;
	4336	+	133.23Training Stipends
	4337	+	133.24$2,250,000 in fiscal year 2026 is for onetime
	4338	+	133.25stipends of $750 for collective bargaining unit
	4339	+	133.26members for training. This is a onetime
	4340	+	133.27appropriation.
	4341	+	133.28Subd. 4.Self-Directed Bargaining Agreement;
	4342	+	133.29Retirement Trust Funds
	4343	+	133.30$350,000 in fiscal year 2026 is for a vendor
	4344	+	133.31to create a retirement trust, as defined by the
	4345	+	133.32SEIU collective bargaining agreement. This
	4346	+	133.33is a onetime appropriation.
	4347	+	133Article 7 Sec. 16.
	4348	+	REVISOR AGW/AC 25-0033903/03/25 134.1Subd. 5.Self-Directed Bargaining Agreement;
	4349	+	134.2Health Care Stipends
	4350	+	134.3$30,750,000 in fiscal year 2026 is for stipends
	4351	+	134.4of $1,200 for collective bargaining unit
	4352	+	134.5members for retention and defraying any
	4353	+	134.6health insurance costs they may incur.
	4354	+	134.7Stipends are available once per fiscal year per
	4355	+	134.8member for fiscal year 2026 and fiscal year
	4356	+	134.92027. Of this amount, $30,000,000 in fiscal
	4357	+	134.10year 2026 is for stipends and $750,000 in
	4358	+	134.11fiscal year 2026 is for administration. This is
	4359	+	134.12a onetime appropriation and is available until
	4360	+	134.13June 30, 2027.
	4361	+	110,217,000$110,217,000$
	4362	+	134.14Sec. 17. GRANT PROGRAMS; ADULT
	4363	+	134.15MENTAL HEALTH GRANTS
	4364	+	34,648,000$34,648,000$
	4365	+	134.16Sec. 18. GRANT PROGRAMS; CHILDREN'S
	4366	+	134.17MENTAL HEALTH GRANTS
	4367	+	4,980,000$4,980,000$
	4368	+	134.18Sec. 19. GRANT PROGRAMS; CHEMICAL
	4369	+	134.19DEPENDENCY TREATMENT SUPPORT
	4370	+	134.20GRANTS
	4371	+	134.21 Appropriations by Fund
	4372	+	2027134.22 2026
	4373	+	3,247,0003,247,000134.23General
	4374	+	1,733,0001,733,000134.24Lottery Prize
	4375	+	2,220,000$2,220,000$134.25Sec. 20. GRANT PROGRAMS; HIV GRANTS
	4376	+	134.26Sec. 21. TRANSFERS.
	4377	+	134.27 Subdivision 1.Grants.The commissioner of human services, with the approval of the
	4378	+	134.28commissioner of management and budget, may transfer unencumbered appropriation balances
	4379	+	134.29for the biennium ending June 30, 2025, within fiscal years among general assistance, medical
	4380	+	134.30assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing support
	4381	+	134.31program, and the entitlement portion of the behavioral health fund between fiscal years of
	4382	+	134.32the biennium. The commissioner shall report to the chairs and ranking minority members
	4383	+	134.33of the legislative committees with jurisdiction over health and human services quarterly
	4384	+	134.34about transfers made under this subdivision.
	4385	+	134Article 7 Sec. 21.
	4386	+	REVISOR AGW/AC 25-0033903/03/25 135.1 Subd. 2.Administration.Positions, salary money, and nonsalary administrative money
	4387	+	135.2may be transferred within the Department of Human Services as the commissioners deem
	4388	+	135.3necessary, with the advance approval of the commissioner of management and budget. The
	4389	+	135.4commissioners shall report to the chairs and ranking minority members of the legislative
	4390	+	135.5committees with jurisdiction over health and human services finance quarterly about transfers
	4391	+	135.6made under this section.
	4392	+	135.7 Subd. 3.Children, youth, and families.Administrative money may be transferred
	4393	+	135.8between the Department of Human Services and the Department of Children, Youth, and
	4394	+	135.9Families as the commissioners deem necessary, with the advance approval of the
	4395	+	135.10commissioner of management and budget. The commissioners shall report to the chairs and
	4396	+	135.11ranking minority members of the legislative committees with jurisdiction over children and
	4397	+	135.12families quarterly about transfers made under this section.
	4398	+	135.13 ARTICLE 8
	4399	+	135.14 DIRECT CARE AND TREATMENT APPROPRIATIONS
	4400	+	135.15Section 1. DIRECT CARE AND TREATMENT APPROPRIATIONS.
	4401	+	135.16 The sums shown in the columns marked "Appropriations" are appropriated to the
	4402	+	135.17executive board of direct care and treatment and for the purposes specified in this article.
	4403	+	135.18The appropriations are from the general fund, or another named fund, and are available for
	4404	+	135.19the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this
	4405	+	135.20article mean that the appropriations listed under them are available for the fiscal year ending
	4406	+	135.21June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The
	4407	+	135.22second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
	4408	+	135.23 APPROPRIATIONS
	4409	+	135.24 Available for the Year
	4410	+	135.25 Ending June 30
	4411	+	2027135.26 2026
	4412	+	602,021,000$577,328,000$
	4413	+	135.27Sec. 2. EXECUTIVE BOARD OF DIRECT
	4414	+	135.28CARE AND TREATMENT; TOTAL
	4415	+	135.29APPROPRIATION
	4416	+	135.30The amounts that may be spent for each
	4417	+	135.31purpose are specified in the following sections.
	4418	+	194,840,000$189,761,000$
	4419	+	135.32Sec. 3. MENTAL HEALTH AND SUBSTANCE
	4420	+	135.33ABUSE
	4421	+	14,170,000$13,927,000$135.34Sec. 4. COMMUNITY-BASED SERVICES
	4422	+	164,094,000$160,239,000$135.35Sec. 5. FORENSIC SERVICES
	4423	+	135Article 8 Sec. 5.
	4424	+	REVISOR AGW/AC 25-0033903/03/25 131,351,000$128,050,000$136.1Sec. 6. SEX OFFENDER PROGRAM
	4425	+	97,566,000$85,351,000$136.2Sec. 7. ADMINISTRATION
	4426	+	136.3Sec. 8. TRANSFER AUTHORITY.
	4427	+	136.4 (a) Money appropriated for budget programs in sections 3 to 7 may be transferred between
	4428	+	136.5budget programs and between years of the biennium with the approval of the commissioner
	4429	+	136.6of management and budget.
	4430	+	136.7 (b) The executive board of Direct Care and Treatment, with the approval of the
	4431	+	136.8commissioner of management and budget, may transfer money appropriated for Direct Care
	4432	+	136.9and Treatment administration into the special revenue account for security systems and
	4433	+	136.10information technology projects, services, and support.
	4434	+	136.11 (c) Positions, salary money, and nonsalary administrative money may be transferred
	4435	+	136.12within and between Direct Care and Treatment and the Department of Human Services as
	4436	+	136.13the executive board and commissioner consider necessary, with the advance approval of
	4437	+	136.14the commissioner of management and budget.
	4438	+	136.15 ARTICLE 9
	4439	+	136.16 OTHER AGENCY APPROPRIATIONS
	4440	+	136.17Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
	4441	+	136.18 The sums shown in the columns marked "Appropriations" are appropriated to the agencies
	4442	+	136.19and for the purposes specified in this article. The appropriations are from the general fund,
	4443	+	136.20or another named fund, and are available for the fiscal years indicated for each purpose.
	4444	+	136.21The figures "2026" and "2027" used in this article mean that the appropriations listed under
	4445	+	136.22them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
	4446	+	136.23"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
	4447	+	136.24is fiscal years 2026 and 2027.
	4448	+	136.25 APPROPRIATIONS
	4449	+	136.26 Available for the Year
	4450	+	136.27 Ending June 30
	4451	+	2027136.28 2026
	4452	+	2,457,000$2,432,000$136.29Sec. 2. COUNCIL ON DISABILITY
7374	4453		3,765,000$3,706,000$
7375		-	223.30Sec. 4. OFFICE OF THE OMBUDSMAN FOR
7376		-	223.31MENTAL HEALTH AND DEVELOPMENT AL
7377		-	223.32DISABILITIES
7378		-	223Article 13 Sec. 4.
7379		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT 224.1Sec. 5. APPROPRIATIONS GIVEN EFFECT ONCE.
7380		-	224.2 If an appropriation, transfer, or cancellation in this article is enacted more than once
7381		-	224.3during the 2025 regular session, the appropriation, transfer, or cancellation must be given
7382		-	224.4effect once.
7383		-	224.5Sec. 6. EXPIRATION OF UNCODIFIED LANGUAGE.
7384		-	224.6 All uncodified language contained in this article expires on June 30, 2027, unless a
7385		-	224.7different expiration date is explicit.
7386		-	224.8Sec. 7. EFFECTIVE DATE.
7387		-	224.9 This article is effective July 1, 2025, unless a different effective date is specified.
7388		-	224Article 13 Sec. 7.
7389		-	REVISOR AGW H2434-1HF2434 FIRST ENGROSSMENT Page.Ln 2.17AGING SERVICES................................................................................ARTICLE 1
7390		-	Page.Ln 14.1DISABILITY SERVICES......................................................................ARTICLE 2
7391		-	Page.Ln 71.24HEALTH CARE.....................................................................................ARTICLE 3
7392		-	Page.Ln 83.3BEHAVIORAL HEALTH......................................................................ARTICLE 4
7393		-	Page.Ln 142.1BACKGROUND STUDIES...................................................................ARTICLE 5
7394		-	Page.Ln 155.21DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY..ARTICLE 6
7395		-	Page.Ln 186.8DIRECT CARE AND TREATMENT....................................................ARTICLE 7
7396		-	Page.Ln 194.14HOMELESSNESS, HOUSING, AND SUPPORT SERVICES.............ARTICLE 8
7397		-	Page.Ln 205.6MISCELLANEOUS...............................................................................ARTICLE 9
7398		-	Page.Ln 206.26FORECAST ADJUSTMENTS..............................................................ARTICLE 10
7399		-	Page.Ln 208.6DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS..........ARTICLE 11
7400		-	Page.Ln 220.14DIRECT CARE AND TREATMENT APPROPRIATIONS.................ARTICLE 12
7401		-	Page.Ln 223.14OTHER AGENCY APPROPRIATIONS...............................................ARTICLE 13
	4454	+	136.30Sec. 3. OFFICE OF THE OMBUDSMAN FOR
	4455	+	136.31MENTAL HEALTH AND DEVELOPMENT AL
	4456	+	136.32DISABILITIES
	4457	+	136Article 9 Sec. 3.
	4458	+	REVISOR AGW/AC 25-0033903/03/25 Page.Ln 2.2AGING AND OLDER ADULT SERVICES..........................................ARTICLE 1
	4459	+	Page.Ln 26.16DISABILITY SERVICES......................................................................ARTICLE 2
	4460	+	Page.Ln 69.15DIRECT CARE AND TREATMENT....................................................ARTICLE 3
	4461	+	Page.Ln 76.4BEHAVIORAL HEALTH......................................................................ARTICLE 4
	4462	+	Page.Ln 117.11HEALTH CARE.....................................................................................ARTICLE 5
	4463	+	Page.Ln 127.16MISCELLANEOUS...............................................................................ARTICLE 6
	4464	+	Page.Ln 129.5DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS..........ARTICLE 7
	4465	+	Page.Ln 135.13DIRECT CARE AND TREATMENT APPROPRIATIONS.................ARTICLE 8
	4466	+	Page.Ln 136.15OTHER AGENCY APPROPRIATIONS...............................................ARTICLE 9
7402	4467		1
7403	4468		APPENDIX
7404		-	Article locations for H2434-1 245G.01 DEFINITIONS.
	4469	+	Article locations for 25-00339 144A.1888 REUSE OF FACILITIES.
	4470	+	Notwithstanding any local ordinance related to development, planning, or zoning to the contrary,
	4471	+	the conversion or reuse of a nursing home that closes or that curtails, reduces, or changes operations
	4472	+	shall be considered a conforming use permitted under local law, provided that the facility is converted
	4473	+	to another long-term care service approved by a regional planning group under section 256R.40
	4474	+	that serves a smaller number of persons than the number of persons served before the closure or
	4475	+	curtailment, reduction, or change in operations.
	4476	+	245G.01 DEFINITIONS.
7405	4477		Subd. 20d.Skilled treatment services."Skilled treatment services" has the meaning provided
7406	4478		in section 254B.01, subdivision 10.
7407	4479		245G.07 TREATMENT SERVICE.
7408	4480		Subd. 2.Additional treatment service.A license holder may provide or arrange the following
7409	4481		additional treatment service as a part of the client's individual treatment plan:
7410	4482		(1) relationship counseling provided by a qualified professional to help the client identify the
7411	4483		impact of the client's substance use disorder on others and to help the client and persons in the
7412	4484		client's support structure identify and change behaviors that contribute to the client's substance use
7413	4485		disorder;
7414	4486		(2) therapeutic recreation to allow the client to participate in recreational activities without the
7415	4487		use of mood-altering chemicals and to plan and select leisure activities that do not involve the
7416	4488		inappropriate use of chemicals;
7417	4489		(3) stress management and physical well-being to help the client reach and maintain an
7418	4490		appropriate level of health, physical fitness, and well-being;
7419	4491		(4) living skills development to help the client learn basic skills necessary for independent
7420	4492		living;
7421	4493		(5) employment or educational services to help the client become financially independent;
7422	4494		(6) socialization skills development to help the client live and interact with others in a positive
7423	4495		and productive manner;
7424	4496		(7) room, board, and supervision at the treatment site to provide the client with a safe and
7425	4497		appropriate environment to gain and practice new skills; and
7426	4498		(8) peer recovery support services must be provided by a recovery peer qualified according to
7427	4499		section 245I.04, subdivision 18. Peer recovery support services must be provided according to
7428	4500		sections 254B.05, subdivision 5, and 254B.052.
7429	4501		254B.01 DEFINITIONS.
7430	4502		Subd. 5.Local agency."Local agency" means the agency designated by a board of county
7431	4503		commissioners, a local social services agency, or a human services board authorized under section
7432	4504		254B.03, subdivision 1, to determine financial eligibility for the behavioral health fund.
7433	4505		254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.
7434	4506		Subd. 2a.Eligibility for room and board services for persons in outpatient substance use
7435	4507		disorder treatment.A person eligible for room and board services under section 254B.05,
7436	4508		subdivision 5, paragraph (b), must score at level 4 on assessment dimensions related to readiness
7437	4509		to change, relapse, continued use, or recovery environment in order to be assigned to services with
7438	4510		a room and board component reimbursed under this section. Whether a treatment facility has been
7439	4511		designated an institution for mental diseases under United States Code, title 42, section 1396d, shall
7440	4512		not be a factor in making placements.
7441		-	254B.181 SOBER HOMES.
7442		-	Subdivision 1.Requirements.All sober homes must comply with applicable state laws and
7443		-	regulations and local ordinances related to maximum occupancy, fire safety, and sanitation. In
7444		-	addition, all sober homes must:
7445		-	(1) maintain a supply of an opiate antagonist in the home in a conspicuous location and post
7446		-	information on proper use;
7447		-	(2) have written policies regarding access to all prescribed medications;
7448		-	(3) have written policies regarding evictions;
7449		-	(4) return all property and medications to a person discharged from the home and retain the
7450		-	items for a minimum of 60 days if the person did not collect them upon discharge. The owner must
7451		-	make an effort to contact persons listed as emergency contacts for the discharged person so that
7452		-	the items are returned;
	4513	+	256B.0625 COVERED SERVICES.
	4514	+	Subd. 18b.Broker dispatching prohibition.Except for establishing level of service process,
	4515	+	the commissioner shall not use a broker or coordinator for any purpose related to nonemergency
	4516	+	medical transportation services under subdivision 18.
	4517	+	Subd. 18e.Single administrative structure and delivery system.The commissioner, in
	4518	+	coordination with the commissioner of transportation, shall implement a single administrative
	4519	+	structure and delivery system for nonemergency medical transportation, beginning the latter of the
7453	4520		1R
7454	4521		APPENDIX
7455		-	Repealed Minnesota Statutes: H2434-1 (5) document the names and contact information for persons to contact in case of an emergency
7456		-	or upon discharge and notification of a family member, or other emergency contact designated by
7457		-	the resident under certain circumstances, including but not limited to death due to an overdose;
7458		-	(6) maintain contact information for emergency resources in the community to address mental
7459		-	health and health emergencies;
7460		-	(7) have policies on staff qualifications and prohibition against fraternization;
7461		-	(8) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed
7462		-	or administered pharmacotherapies approved by the United States Food and Drug Administration
7463		-	for the treatment of opioid use disorder;
7464		-	(9) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed
7465		-	or administered pharmacotherapies approved by the United States Food and Drug Administration
7466		-	to treat co-occurring substance use disorders and mental health conditions;
7467		-	(10) have a fee schedule and refund policy;
7468		-	(11) have rules for residents;
7469		-	(12) have policies that promote resident participation in treatment, self-help groups, or other
7470		-	recovery supports;
7471		-	(13) have policies requiring abstinence from alcohol and illicit drugs; and
7472		-	(14) distribute the sober home bill of rights.
7473		-	Subd. 2.Bill of rights.An individual living in a sober home has the right to:
7474		-	(1) have access to an environment that supports recovery;
7475		-	(2) have access to an environment that is safe and free from alcohol and other illicit drugs or
7476		-	substances;
7477		-	(3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms of
7478		-	maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
7479		-	(4) be treated with dignity and respect and to have personal property treated with respect;
7480		-	(5) have personal, financial, and medical information kept private and to be advised of the sober
7481		-	home's policies and procedures regarding disclosure of such information;
7482		-	(6) access, while living in the residence, to other community-based support services as needed;
7483		-	(7) be referred to appropriate services upon leaving the residence, if necessary;
7484		-	(8) retain personal property that does not jeopardize safety or health;
7485		-	(9) assert these rights personally or have them asserted by the individual's representative or by
7486		-	anyone on behalf of the individual without retaliation;
7487		-	(10) be provided with the name, address, and telephone number of the ombudsman for mental
7488		-	health, substance use disorder, and developmental disabilities and information about the right to
7489		-	file a complaint;
7490		-	(11) be fully informed of these rights and responsibilities, as well as program policies and
7491		-	procedures; and
7492		-	(12) not be required to perform services for the residence that are not included in the usual
7493		-	expectations for all residents.
7494		-	Subd. 3.Complaints; ombudsman for mental health and developmental disabilities.Any
7495		-	complaints about a sober home may be made to and reviewed or investigated by the ombudsman
7496		-	for mental health and developmental disabilities, pursuant to sections 245.91 and 245.94.
7497		-	Subd. 4.Private right of action.In addition to pursuing other remedies, an individual may
7498		-	bring an action to recover damages caused by a violation of this section.
	4522	+	Repealed Minnesota Statutes: 25-00339 date the single administrative assessment tool required in this subdivision is available for use, as
	4523	+	determined by the commissioner or by July 1, 2016.
	4524	+	In coordination with the Department of Transportation, the commissioner shall develop and
	4525	+	authorize a web-based single administrative structure and assessment tool, which must operate 24
	4526	+	hours a day, seven days a week, to facilitate the enrollee assessment process for nonemergency
	4527	+	medical transportation services. The web-based tool shall facilitate the transportation eligibility
	4528	+	determination process initiated by clients and client advocates; shall include an accessible automated
	4529	+	intake and assessment process and real-time identification of level of service eligibility; and shall
	4530	+	authorize an appropriate and auditable mode of transportation authorization. The tool shall provide
	4531	+	a single framework for reconciling trip information with claiming and collecting complaints regarding
	4532	+	inappropriate level of need determinations, inappropriate transportation modes utilized, and
	4533	+	interference with accessing nonemergency medical transportation. The web-based single
	4534	+	administrative structure shall operate on a trial basis for one year from implementation and, if
	4535	+	approved by the commissioner, shall be permanent thereafter.
	4536	+	Subd. 18h.Nonemergency medical transportation provisions related to managed care.(a)
	4537	+	The following nonemergency medical transportation (NEMT) subdivisions apply to managed care
	4538	+	plans and county-based purchasing plans:
	4539	+	(1) subdivision 17, paragraphs (a), (b), (i), and (n);
	4540	+	(2) subdivision 18; and
	4541	+	(3) subdivision 18a.
	4542	+	(b) A nonemergency medical transportation provider must comply with the operating standards
	4543	+	for special transportation service specified in sections 174.29 to 174.30 and Minnesota Rules,
	4544	+	chapter 8840. Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt
	4545	+	from the requirements in this paragraph.
	4546	+	(c) Managed care plans and county-based purchasing plans must provide a fuel adjustment for
	4547	+	NEMT rates when fuel exceeds $3 per gallon. If, for any contract year, federal approval is not
	4548	+	received for this paragraph, the commissioner must adjust the capitation rates paid to managed care
	4549	+	plans and county-based purchasing plans for that contract year to reflect the removal of this provision.
	4550	+	Contracts between managed care plans and county-based purchasing plans and providers to whom
	4551	+	this paragraph applies must allow recovery of payments from those providers if capitation rates are
	4552	+	adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal
	4553	+	to any increase in rates that results from this paragraph. This paragraph expires if federal approval
	4554	+	is not received for this paragraph at any time.
	4555	+	256B.434 PAYMENT RATES AND PROCEDURES; CONTRACTS AND AGREEMENTS.
	4556	+	Subd. 4.Alternate rates for nursing facilities.Effective for the rate years beginning on and
	4557	+	after January 1, 2019, a nursing facility's property payment rate for the second and subsequent years
	4558	+	of a facility's contract under this section are the previous rate year's property payment rate plus an
	4559	+	inflation adjustment. The index for the inflation adjustment must be based on the change in the
	4560	+	Consumer Price Index-All Items (United States City average) (CPI-U) forecasted by the Reports
	4561	+	and Forecasts Division of the Department of Human Services, as forecasted in the fourth quarter
	4562	+	of the calendar year preceding the rate year. The inflation adjustment must be based on the 12-month
	4563	+	period from the midpoint of the previous rate year to the midpoint of the rate year for which the
	4564	+	rate is being determined.
	4565	+	256R.02 DEFINITIONS.
	4566	+	Subd. 38.Prior system operating cost payment rate."Prior system operating cost payment
	4567	+	rate" means the operating cost payment rate in effect on December 31, 2015, under Minnesota Rules
	4568	+	and Minnesota Statutes, inclusive of health insurance, plus property insurance costs from external
	4569	+	fixed costs, minus any rate increases allowed under Minnesota Statutes 2015 Supplement, section
	4570	+	256B.441, subdivision 55a.
	4571	+	256R.12 COST ALLOCATION.
	4572	+	Subd. 10.Allocation of self-insurance costs.For the rate year beginning on July 1, 1998, a
	4573	+	group of nursing facilities related by common ownership that self-insures group health, dental, or
	4574	+	life insurance may allocate its directly identified costs of self-insuring its Minnesota nursing facility
	4575	+	workers among those nursing facilities in the group that are reimbursed under this chapter. The
	4576	+	method of cost allocation shall be based on the ratio of each nursing facility's total allowable salaries
	4577	+	and wages to that of the nursing facility group's total allowable salaries and wages, then similarly
7499	4578		2R
7500	4579		APPENDIX
7501		-	Repealed Minnesota Statutes: ~~H2434-1~~ ~~Laws 2021,~~ ~~First Special Session chapter 7,~~ ~~article 13,~~ ~~section 75,~~ ~~as amended Subdivisions 3,~~
7502		-	~~3as amended by Laws 2024,~~ ~~chapter 108,~~ ~~article 1,~~ ~~section 28;~~ ~~6, 6as amended by Laws 2024,~~
7503		-	~~chapter 108,~~ ~~article 1,~~ ~~section 28;~~
7504		-	~~Sec. 75.~~ ~~DIRECTION TO~~ COMMISSIONER ~~OF HUMAN SERVICES; WAIVER~~
7505		-	~~REIMAGINE AND INFORMED CHOICE STAKEHOLDER CONSULTATION.~~
7506		-	~~Sec~~. ~~28. Laws 2021,~~ ~~First Special Session chapter 7, article 13, section 75, is amended to read:~~
7507		-	~~Sec. 75. DIRECTION TO COMMISSIONER~~ OF ~~HUMAN SERVICES;~~ ~~WAIVER~~
7508		-	~~REIMAGINE AND INFORMED CHOICE STAKEHOLDER CONSULTATION~~.
7509		-	~~Subdivision 1~~.~~Stakeholder consultation; generally.(a) The commissioner of human services~~
7510		-	~~must consult with and seek input and assistance from stakeholders concerning potential adjustments~~
7511		-	to the ~~streamlined service menu from waiver reimagine phase I and to the existing rate exemption~~
7512		-	~~criteria and process~~.
7513		-	~~(b) The commissioner of human services must consult with and, seek input and assistance from,~~
7514		-	~~and collaborate with stakeholders concerning the development and implementation of waiver~~
7515		-	~~reimagine phase II~~, ~~including criteria and a process for individualized budget exemptions,~~ ~~and how~~
7516		-	~~waiver reimagine phase II can support and expand informed choice and informed decision making,~~
7517		-	~~including integrated employment,~~ ~~independent living,~~ ~~and self-direction, consistent with Minnesota~~
7518		-	~~Statutes,~~ section ~~256B.4905~~.
7519		-	(c) The ~~commissioner~~ of ~~human services must consult with, seek input~~ and ~~assistance from,~~
7520		-	~~and collaborate with stakeholders concerning~~ the ~~implementation and revisions of the MnCHOICES~~
7521		-	~~2.0 assessment tool.~~
7522		-	~~Subd. 2.Public stakeholder engagement.The commissioner must offer a public method~~ to
7523		-	~~regularly receive input~~ and ~~concerns from people with disabilities and their families about waiver~~
7524		-	~~reimagine phase II~~. ~~The commissioner shall provide regular quarterly public updates on policy~~
7525		-	~~development and on how recent stakeholder input was used throughout the is being incorporated~~
7526		-	~~into~~ the ~~current development and implementation~~ of ~~waiver reimagine phase II.~~
7527		-	~~Subd. 3.Waiver Reimagine Advisory Committee.(a)~~ The ~~commissioner must convene,~~ at
7528		-	~~regular intervals throughout the development~~ and ~~implementation of waiver reimagine phase II, a~~
7529		-	~~Waiver Reimagine Advisory Committee that consists~~ of a ~~group~~ of ~~diverse, representative~~
7530		-	~~stakeholders.~~ The ~~commissioner must solicit and endeavor to include racially, ethnically, and~~
7531		-	~~geographically diverse membership from each of the following groups:~~
7532		-	~~(1) people with disabilities who use waiver services;~~
7533		-	(2) ~~family members~~ of ~~people who use waiver services;~~
7534		-	~~(3) disability and behavioral health advocates;~~
7535		-	(4) ~~lead agency representatives;~~ ~~and~~
7536		-	~~(5) waiver service providers.~~
7537		-	(b) The ~~assistant commissioner of aging and disability services must attend and participate in~~
7538		-	~~meetings~~ of ~~the Waiver Reimagine Advisory Committee.~~
7539		-	(c) The ~~Waiver Reimagine Advisory Committee must have the opportunity to assist collaborate~~
7540		-	in a ~~meaningful way in developing and providing feedback on proposed plans for waiver reimagine~~
7541		-	~~components, including an individual budget methodology, criteria and~~ a ~~process for individualized~~
7542		-	~~budget exemptions,~~ ~~the consolidation~~ of the ~~four current home~~ and ~~community-based waiver service~~
7543		-	~~programs into two-waiver~~ ~~programs,~~ the ~~role of assessments and the MnCHOICES 2.0 assessment~~
7544		-	~~tool in determining service needs and individual budgets~~, ~~and other aspects~~ of ~~waiver reimagine~~
7545		-	~~phase II.~~
7546		-	(c) ~~(d)~~ The ~~Waiver Reimagine Advisory Committee must have an opportunity to assist in~~ the
7547		-	~~development of~~ and ~~provide feedback on proposed adjustments and modifications to the streamlined~~
7548		-	~~menu~~ of ~~services and~~ the ~~existing rate exception criteria and process.~~
7549		-	~~Subd. 4.Required report.Prior to seeking federal approval~~ for ~~any aspect of waiver reimagine~~
7550		-	~~phase II and~~ in ~~consultation collaboration with the Waiver Reimagine Advisory Committee, the~~
	4580	+	Repealed Minnesota Statutes: 25-00339 allocated within each nursing facility's operating cost categories. The costs associated with the
	4581	+	administration of the group's self-insurance plan must remain classified in the nursing facility's
	4582	+	administrative cost category. A written request of the nursing facility group's election to use this
	4583	+	alternate method of allocation of self-insurance costs must be received by the commissioner no
	4584	+	later than May 1, 1998, to take effect July 1, 1998, or those self-insurance costs shall continue to
	4585	+	be allocated under the existing cost allocation methods. Once a nursing facility group elects this
	4586	+	method of cost allocation for its group health, dental, or life insurance self-insurance costs, it shall
	4587	+	remain in effect until such time as the group no longer self-insures these costs.
	4588	+	256R.23 TOTAL CARE-RELATED PAYMENT RATES.
	4589	+	Subd. 6.Payment rate limit reduction.No facility shall be subject in any rate year to a
	4590	+	care-related payment rate limit reduction greater than five percent of the median determined in
	4591	+	subdivision 4.
	4592	+	256R.36 HOLD HARMLESS.
	4593	+	No nursing facility's operating payment rate, plus its employer health insurance costs portion
	4594	+	of the external fixed costs payment rate, will be less than its prior system operating cost payment
	4595	+	rate.
	4596	+	256R.40 NURSING FACILITY VOLUNTARY CLOSURE; ALTERNATIVES.
	4597	+	Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.
	4598	+	(b) "Closure" means the cessation of operations of a nursing facility and delicensure and
	4599	+	decertification of all beds within the facility.
	4600	+	(c) "Closure plan" means a plan to close a nursing facility and reallocate a portion of the resulting
	4601	+	savings to provide planned closure rate adjustments at other facilities.
	4602	+	(d) "Commencement of closure" means the date on which residents and designated representatives
	4603	+	are notified of a planned closure as provided in section 144A.161, subdivision 5a, as part of an
	4604	+	approved closure plan.
	4605	+	(e) "Completion of closure" means the date on which the final resident of the nursing facility
	4606	+	designated for closure in an approved closure plan is discharged from the facility or the date that
	4607	+	beds from a partial closure are delicensed and decertified.
	4608	+	(f) "Partial closure" means the delicensure and decertification of a portion of the beds within
	4609	+	the facility.
	4610	+	(g) "Planned closure rate adjustment" means an increase in a nursing facility's operating rates
	4611	+	resulting from a planned closure or a planned partial closure of another facility.
	4612	+	Subd. 2.Applications for planned closure rate.(a) To be considered for approval of a planned
	4613	+	closure, an application must include:
	4614	+	(1) a description of the proposed closure plan, which must include identification of the facility
	4615	+	or facilities to receive a planned closure rate adjustment;
	4616	+	(2) the proposed timetable for any proposed closure, including the proposed dates for
	4617	+	announcement to residents, commencement of closure, and completion of closure;
	4618	+	(3) if available, the proposed relocation plan for current residents of any facility designated for
	4619	+	closure. If a relocation plan is not available, the application must include a statement agreeing to
	4620	+	develop a relocation plan designed to comply with section 144A.161;
	4621	+	(4) a description of the relationship between the nursing facility that is proposed for closure and
	4622	+	the nursing facility or facilities proposed to receive the planned closure rate adjustment. If these
	4623	+	facilities are not under common ownership, copies of any contracts, purchase agreements, or other
	4624	+	documents establishing a relationship or proposed relationship must be provided; and
	4625	+	(5) documentation, in a format approved by the commissioner, that all the nursing facilities
	4626	+	receiving a planned closure rate adjustment under the plan have accepted joint and several liability
	4627	+	for recovery of overpayments under section 256B.0641, subdivision 2, for the facilities designated
	4628	+	for closure under the plan.
	4629	+	(b) The application must also address the criteria listed in subdivision 3.
7551	4630		3R
7552	4631		APPENDIX
7553		-	Repealed Minnesota Session Laws: H2434-1 commissioner must submit to the chairs and ranking minority members of the legislative committees
7554		-	and divisions with jurisdiction over health and human services a report on plans for waiver reimagine
7555		-	phase II. The report must also include any plans to adjust or modify the streamlined menu of services
7556		-	or, the existing rate exemption criteria or process, the proposed individual budget ranges, and the
7557		-	role of MnCHOICES 2.0 assessment tool in determining service needs and individual budget ranges.
7558		-	Subd. 5.Transition process.(a) Prior to implementation of wavier reimagine phase II, the
7559		-	commissioner must establish a process to assist people who use waiver services and lead agencies
7560		-	transition to a two-waiver system with an individual budget methodology.
7561		-	(b) The commissioner must ensure that the new waiver service menu and individual budgets
7562		-	allow people to live in their own home, family home, or any home and community-based setting
7563		-	of their choice. The commissioner must ensure, within available resources and subject to state and
7564		-	federal regulations and law, that waiver reimagine does not result in unintended service disruptions.
7565		-	Subd. 6.Online support planning tool.The commissioner must develop an online support
7566		-	planning and tracking tool for people using disability waiver services that allows access to the total
7567		-	budget available to the person, the services for which they are eligible, and the services they have
7568		-	chosen and used. The commissioner must explore operability options that would facilitate real-time
7569		-	tracking of a person's remaining available budget throughout the service year. The online support
7570		-	planning tool must provide information in an accessible format to support the person's informed
7571		-	choice. The commissioner must seek input from people with disabilities about the online support
7572		-	planning tool prior to its implementation.
7573		-	Subd. 7.Curriculum and training.The commissioner must develop and implement a curriculum
7574		-	and training plan to ensure all lead agency assessors and case managers have the knowledge and
7575		-	skills necessary to comply with informed decision making for people who used home and
7576		-	community-based disability waivers. Training and competency evaluations must be completed
7577		-	annually by all staff responsible for case management as described in Minnesota Statutes, sections
7578		-	256B.092, subdivision 1a, paragraph (f), and 256B.49, subdivision 13, paragraph (e).
7579		-	Sec. 28. Laws 2021, First Special Session chapter 7, article 13, section 75, is amended to read:
7580		-	Sec. 75. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; WAIVER
7581		-	REIMAGINE AND INFORMED CHOICE STAKEHOLDER CONSULTATION.
7582		-	Subdivision 1.Stakeholder consultation; generally.(a) The commissioner of human services
7583		-	must consult with and seek input and assistance from stakeholders concerning potential adjustments
7584		-	to the streamlined service menu from waiver reimagine phase I and to the existing rate exemption
7585		-	criteria and process.
7586		-	(b) The commissioner of human services must consult with and, seek input and assistance from,
7587		-	and collaborate with stakeholders concerning the development and implementation of waiver
7588		-	reimagine phase II, including criteria and a process for individualized budget exemptions, and how
7589		-	waiver reimagine phase II can support and expand informed choice and informed decision making,
7590		-	including integrated employment, independent living, and self-direction, consistent with Minnesota
7591		-	Statutes, section 256B.4905.
7592		-	(c) The commissioner of human services must consult with, seek input and assistance from,
7593		-	and collaborate with stakeholders concerning the implementation and revisions of the MnCHOICES
7594		-	2.0 assessment tool.
7595		-	Subd. 2.Public stakeholder engagement.The commissioner must offer a public method to
7596		-	regularly receive input and concerns from people with disabilities and their families about waiver
7597		-	reimagine phase II. The commissioner shall provide regular quarterly public updates on policy
7598		-	development and on how recent stakeholder input was used throughout the is being incorporated
7599		-	into the current development and implementation of waiver reimagine phase II.
7600		-	Subd. 3.Waiver Reimagine Advisory Committee.(a) The commissioner must convene, at
7601		-	regular intervals throughout the development and implementation of waiver reimagine phase II, a
7602		-	Waiver Reimagine Advisory Committee that consists of a group of diverse, representative
7603		-	stakeholders. The commissioner must solicit and endeavor to include racially, ethnically, and
7604		-	geographically diverse membership from each of the following groups:
7605		-	(1) people with disabilities who use waiver services;
7606		-	(2) family members of people who use waiver services;
	4632	+	Repealed Minnesota Statutes: 25-00339 Subd. 3.Criteria for review of application.In reviewing and approving closure proposals,
	4633	+	the commissioner shall consider, but not be limited to, the following criteria:
	4634	+	(1) improved quality of care and quality of life for consumers;
	4635	+	(2) closure of a nursing facility that has a poor physical plant;
	4636	+	(3) the existence of excess nursing facility beds, measured in terms of beds per thousand persons
	4637	+	aged 85 or older. The excess must be measured in reference to:
	4638	+	(i) the county in which the facility is located. A facility in a county that is in the lowest quartile
	4639	+	of counties with reference to beds per thousand persons aged 85 or older is not in an area of excess
	4640	+	capacity;
	4641	+	(ii) the county and all contiguous counties;
	4642	+	(iii) the region in which the facility is located; or
	4643	+	(iv) the facility's service area. The facility shall indicate in its application the service area it
	4644	+	believes is appropriate for this measurement;
	4645	+	(4) low-occupancy rates, provided that the unoccupied beds are not the result of a personnel
	4646	+	shortage. In analyzing occupancy rates, the commissioner shall examine waiting lists in the applicant
	4647	+	facility and at facilities in the surrounding area, as determined under clause (3);
	4648	+	(5) evidence of coordination between the community planning process and the facility application.
	4649	+	If the planning group does not support a level of nursing facility closures that the commissioner
	4650	+	considers to be reasonable, the commissioner may approve a planned closure proposal without its
	4651	+	support;
	4652	+	(6) proposed usage of funds available from a planned closure rate adjustment for care-related
	4653	+	purposes;
	4654	+	(7) innovative use planned for the closed facility's physical plant;
	4655	+	(8) evidence that the proposal serves the interests of the state; and
	4656	+	(9) evidence of other factors that affect the viability of the facility, including excessive nursing
	4657	+	pool costs.
	4658	+	Subd. 4.Review and approval of applications.(a) The commissioner, in consultation with
	4659	+	the commissioner of health, shall approve or deny an application within 30 days after receiving it.
	4660	+	The commissioner may appoint an advisory review panel composed of representatives of counties,
	4661	+	consumers, and providers to review proposals and provide comments and recommendations to the
	4662	+	committee. The commissioners of human services and health shall provide staff and technical
	4663	+	assistance to the committee for the review and analysis of proposals.
	4664	+	(b) Approval of a planned closure expires 18 months after approval by the commissioner unless
	4665	+	commencement of closure has begun.
	4666	+	(c) The commissioner may change any provision of the application to which the applicant, the
	4667	+	regional planning group, and the commissioner agree.
	4668	+	Subd. 5.Planned closure rate adjustment.(a) The commissioner shall calculate the amount
	4669	+	of the planned closure rate adjustment available under subdivision 6 according to clauses (1) to (4):
	4670	+	(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;
	4671	+	(2) the total number of beds in the nursing facility or facilities receiving the planned closure
	4672	+	rate adjustment must be identified;
	4673	+	(3) capacity days are determined by multiplying the number determined under clause (2) by
	4674	+	365; and
	4675	+	(4) the planned closure rate adjustment is the amount available in clause (1), divided by capacity
	4676	+	days determined under clause (3).
	4677	+	(b) A planned closure rate adjustment under this section is effective on the first day of the month
	4678	+	of January or July, whichever occurs immediately following completion of closure of the facility
	4679	+	designated for closure in the application and becomes part of the nursing facility's external fixed
	4680	+	payment rate.
7607	4681		4R
7608	4682		APPENDIX
7609		-	Repealed Minnesota Session Laws: H2434-1 (3) disability and behavioral health advocates;
7610		-	(4) lead agency representatives; and
7611		-	(5) waiver service providers.
7612		-	(b) The assistant commissioner of aging and disability services must attend and participate in
7613		-	meetings of the Waiver Reimagine Advisory Committee.
7614		-	(c) The Waiver Reimagine Advisory Committee must have the opportunity to assist collaborate
7615		-	in a meaningful way in developing and providing feedback on proposed plans for waiver reimagine
7616		-	components, including an individual budget methodology, criteria and a process for individualized
7617		-	budget exemptions, the consolidation of the four current home and community-based waiver service
7618		-	programs into two-waiver programs, the role of assessments and the MnCHOICES 2.0 assessment
7619		-	tool in determining service needs and individual budgets, and other aspects of waiver reimagine
7620		-	phase II.
7621		-	(c) (d) The Waiver Reimagine Advisory Committee must have an opportunity to assist in the
7622		-	development of and provide feedback on proposed adjustments and modifications to the streamlined
7623		-	menu of services and the existing rate exception criteria and process.
7624		-	Subd. 4.Required report.Prior to seeking federal approval for any aspect of waiver reimagine
7625		-	phase II and in consultation collaboration with the Waiver Reimagine Advisory Committee, the
7626		-	commissioner must submit to the chairs and ranking minority members of the legislative committees
7627		-	and divisions with jurisdiction over health and human services a report on plans for waiver reimagine
7628		-	phase II. The report must also include any plans to adjust or modify the streamlined menu of services
7629		-	or, the existing rate exemption criteria or process, the proposed individual budget ranges, and the
7630		-	role of MnCHOICES 2.0 assessment tool in determining service needs and individual budget ranges.
7631		-	Subd. 5.Transition process.(a) Prior to implementation of wavier reimagine phase II, the
7632		-	commissioner must establish a process to assist people who use waiver services and lead agencies
7633		-	transition to a two-waiver system with an individual budget methodology.
7634		-	(b) The commissioner must ensure that the new waiver service menu and individual budgets
7635		-	allow people to live in their own home, family home, or any home and community-based setting
7636		-	of their choice. The commissioner must ensure, within available resources and subject to state and
7637		-	federal regulations and law, that waiver reimagine does not result in unintended service disruptions.
7638		-	Subd. 6.Online support planning tool.The commissioner must develop an online support
7639		-	planning and tracking tool for people using disability waiver services that allows access to the total
7640		-	budget available to the person, the services for which they are eligible, and the services they have
7641		-	chosen and used. The commissioner must explore operability options that would facilitate real-time
7642		-	tracking of a person's remaining available budget throughout the service year. The online support
7643		-	planning tool must provide information in an accessible format to support the person's informed
7644		-	choice. The commissioner must seek input from people with disabilities about the online support
7645		-	planning tool prior to its implementation.
7646		-	Subd. 7.Curriculum and training.The commissioner must develop and implement a curriculum
7647		-	and training plan to ensure all lead agency assessors and case managers have the knowledge and
7648		-	skills necessary to comply with informed decision making for people who used home and
7649		-	community-based disability waivers. Training and competency evaluations must be completed
7650		-	annually by all staff responsible for case management as described in Minnesota Statutes, sections
7651		-	256B.092, subdivision 1a, paragraph (f), and 256B.49, subdivision 13, paragraph (e).
	4683	+	Repealed Minnesota Statutes: 25-00339 (c) Upon the request of a closing facility, the commissioner must allow the facility a closure
	4684	+	rate adjustment as provided under section 144A.161, subdivision 10.
	4685	+	(d) A facility that has received a planned closure rate adjustment may reassign it to another
	4686	+	facility that is under the same ownership at any time within three years of its effective date. The
	4687	+	amount of the adjustment is computed according to paragraph (a).
	4688	+	(e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the
	4689	+	commissioner shall recalculate planned closure rate adjustments for facilities that delicense beds
	4690	+	under this section on or after July 1, 2001, to reflect the increase in the per bed dollar amount. The
	4691	+	recalculated planned closure rate adjustment is effective from the date the per bed dollar amount
	4692	+	is increased.
	4693	+	Subd. 6.Assignment of closure rate to another facility.A facility or facilities reimbursed
	4694	+	under this chapter with a closure plan approved by the commissioner under subdivision 4 may
	4695	+	assign a planned closure rate adjustment to another facility or facilities that are not closing or in
	4696	+	the case of a partial closure, to the facility undertaking the partial closure. A facility may also elect
	4697	+	to have a planned closure rate adjustment shared equally by the five nursing facilities with the
	4698	+	lowest total operating payment rates in the state development region designated under section
	4699	+	462.385, in which the facility that is closing is located. The planned closure rate adjustment must
	4700	+	be calculated under subdivision 5. Facilities that delicense beds without a closure plan, or whose
	4701	+	closure plan is not approved by the commissioner, are not eligible to assign a planned closure rate
	4702	+	adjustment under subdivision 5, unless they: (1) are delicensing five or fewer beds, or less than six
	4703	+	percent of their total licensed bed capacity, whichever is greater; (2) are located in a county in the
	4704	+	top three quartiles of beds per 1,000 persons aged 65 or older; and (3) have not delicensed beds in
	4705	+	the prior three months. Facilities meeting these criteria are eligible to assign the amount calculated
	4706	+	under subdivision 5 to themselves. If a facility is delicensing the greater of six or more beds, or six
	4707	+	percent or more of its total licensed bed capacity, and does not have an approved closure plan or is
	4708	+	not eligible for the adjustment under subdivision 5, the commissioner shall calculate the amount
	4709	+	the facility would have been eligible to assign under subdivision 5, and shall use this amount to
	4710	+	provide equal rate adjustments to the five nursing facilities with the lowest total operating payment
	4711	+	rates in the state development region designated under section 462.385, in which the facility that
	4712	+	delicensed beds is located.
	4713	+	Subd. 7.Other rate adjustments.Facilities receiving planned closure rate adjustments remain
	4714	+	eligible for any applicable rate adjustments provided under this chapter.
	4715	+	256R.41 SINGLE-BED ROOM INCENTIVE.
	4716	+	(a) Beginning July 1, 2005, the operating payment rate for nursing facilities reimbursed under
	4717	+	this chapter shall be increased by 20 percent multiplied by the ratio of the number of new single-bed
	4718	+	rooms created divided by the number of active beds on July 1, 2005, for each bed closure that results
	4719	+	in the creation of a single-bed room after July 1, 2005. The commissioner may implement rate
	4720	+	adjustments for up to 3,000 new single-bed rooms each year. For eligible bed closures for which
	4721	+	the commissioner receives a notice from a facility that a bed has been delicensed and a new single-bed
	4722	+	room has been established, the rate adjustment in this paragraph shall be effective on either the first
	4723	+	day of the month of January or July, whichever occurs first following the date of the bed delicensure.
	4724	+	(b) A nursing facility is prohibited from discharging residents for purposes of establishing
	4725	+	single-bed rooms. A nursing facility must submit documentation to the commissioner in a form
	4726	+	prescribed by the commissioner, certifying the occupancy status of beds closed to create single-bed
	4727	+	rooms. In the event that the commissioner determines that a facility has discharged a resident for
	4728	+	purposes of establishing a single-bed room, the commissioner shall not provide a rate adjustment
	4729	+	under paragraph (a).
	4730	+	256R.481 RATE ADJUSTMENTS FOR BORDER CITY FACILITIES.
	4731	+	(a) The commissioner shall allow each nonprofit nursing facility located within the boundaries
	4732	+	of the city of Breckenridge or Moorhead prior to January 1, 2015, to apply once annually for a rate
	4733	+	add-on to the facility's external fixed costs payment rate.
	4734	+	(b) A facility seeking an add-on to its external fixed costs payment rate under this section must
	4735	+	apply annually to the commissioner to receive the add-on. A facility must submit the application
	4736	+	within 60 calendar days of the effective date of any add-on under this section. The commissioner
	4737	+	may waive the deadlines required by this paragraph under extraordinary circumstances.
	4738	+	(c) The commissioner shall provide the add-on to each eligible facility that applies by the
	4739	+	application deadline.
7652	4740		5R
7653	4741		APPENDIX
7654		-	Repealed Minnesota Session Laws: H2434-1
	4742	+	Repealed Minnesota Statutes: 25-00339 (d) The add-on to the external fixed costs payment rate is the difference on January 1 of the
	4743	+	median total payment rate for case mix classification PA1 of the nonprofit facilities located in an
	4744	+	adjacent city in another state and in cities contiguous to the adjacent city minus the eligible nursing
	4745	+	facility's total payment rate for case mix classification PA1 as determined under section 256R.22,
	4746	+	subdivision 4.
	4747	+	256R.53 FACILITY SPECIFIC EXEMPTIONS.
	4748	+	Subdivision 1.Nursing facility in Golden Valley.The operating payment rate for a facility
	4749	+	located in the city of Golden Valley at 3915 Golden Valley Road with 44 licensed rehabilitation
	4750	+	beds as of January 7, 2015, is the sum of its direct care costs per standardized day, its other
	4751	+	care-related costs per resident day, and its other operating costs per day.
	4752	+	6R
	4753	+	APPENDIX
	4754	+	Repealed Minnesota Statutes: 25-00339