Minnesota 2025-2026 Regular Session

Minnesota House Bill HF729 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to human services; expanding certain medical assistance services to include
3	3		1.3 coverage of care evaluations; modifying medical assistance rates for homemaker
4		-	1.4 services, home health agency services, and home care nursing services; establishing
5		-	1.5 a home care preceptor grant program; requiring a report; appropriating money;
6		-	1.6 amending Minnesota Statutes 2024, sections 256B.0651, subdivisions 1, 2;
7		-	1.7 256B.0652, subdivision 11; 256B.0653, subdivisions 1, 6, by adding a subdivision;
8		-	1.8 256B.0654, by adding a subdivision.
9		-	1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10		-	1.10 Section 1. Minnesota Statutes 2024, section 256B.0651, subdivision 1, is amended to read:
11		-	1.11 Subdivision 1.Definitions.(a) For the purposes of sections 256B.0651 to 256B.0654
12		-	1.12and 256B.0659, the terms in paragraphs (b) to (g) this subdivision have the meanings given.
13		-	1.13 (b) "Activities of daily living" has the meaning given in section 256B.0659, subdivision
14		-	1.141, paragraph (b).
15		-	1.15 (c) "Assessment" means a review and evaluation of a recipient's need for home care
16		-	1.16services conducted in person.
17		-	1.17 (d) "Care evaluation" means a face-to-face evaluation of a person to develop, update,
18		-	1.18or review a recipient's plan of care for home care services, except personal care assistance.
19		-	1.19 (d) (e) "Home care services" means medical assistance covered services that are home
20		-	1.20health agency services, including skilled nurse visits; home health aide visits; physical
21		-	1.21therapy, occupational therapy, respiratory therapy, and language-speech pathology therapy;
22		-	1.22home care nursing; and personal care assistance.
23		-	1.23 (e) (f) "Home residence," effective January 1, 2010, means a residence owned or rented
24		-	1.24by the recipient either alone, with roommates of the recipient's choosing, or with an unpaid
	4	+	1.4 services, home health agency services, and home care nursing services; requiring
	5	+	1.5 a report; amending Minnesota Statutes 2024, sections 256B.0651, subdivisions 1,
	6	+	1.6 2; 256B.0652, subdivision 11; 256B.0653, subdivisions 1, 6, by adding a
	7	+	1.7 subdivision; 256B.0654, by adding a subdivision.
	8	+	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
	9	+	1.9 Section 1. Minnesota Statutes 2024, section 256B.0651, subdivision 1, is amended to read:
	10	+	1.10 Subdivision 1.Definitions.(a) For the purposes of sections 256B.0651 to 256B.0654
	11	+	1.11and 256B.0659, the terms in paragraphs (b) to (g) this subdivision have the meanings given.
	12	+	1.12 (b) "Activities of daily living" has the meaning given in section 256B.0659, subdivision
	13	+	1.131, paragraph (b).
	14	+	1.14 (c) "Assessment" means a review and evaluation of a recipient's need for home care
	15	+	1.15services conducted in person.
	16	+	1.16 (d) "Care evaluation" means a face-to-face evaluation of a person to develop, update,
	17	+	1.17or review a recipient's plan of care for home care services, except personal care assistance.
	18	+	1.18 (d) (e) "Home care services" means medical assistance covered services that are home
	19	+	1.19health agency services, including skilled nurse visits; home health aide visits; physical
	20	+	1.20therapy, occupational therapy, respiratory therapy, and language-speech pathology therapy;
	21	+	1.21home care nursing; and personal care assistance.
	22	+	1.22 (e) (f) "Home residence," effective January 1, 2010, means a residence owned or rented
	23	+	1.23by the recipient either alone, with roommates of the recipient's choosing, or with an unpaid
25	24		1Section 1.
26		-	REVISOR AGW H0729-1HF729 FIRST ENGROSSMENT
27		-	139
28		-	Printed
29		-	Page No.State of Minnesota
	25	+	REVISOR AGW/RC 25-0127712/18/24
	26	+	State of Minnesota
30	27		This Document can be made available
31	28		in alternative formats upon request
32	29		HOUSE OF REPRESENTATIVES
33	30		H. F. No. 729
34	31		NINETY-FOURTH SESSION
35		-	Authored by Noor; Schomacker; Hansen, R.; Greene; Curran and others02/13/2025
36		-	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy
37		-	Adoption of Report: Placed on the General Register as Amended04/07/2025
38		-	Read for the Second Time 2.1responsible party or legal representative; or a family foster home where the license holder
	32	+	Authored by Noor and Schomacker02/13/2025
	33	+	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1responsible party or legal representative; or a family foster home where the license holder
39	34		2.2lives with the recipient and is not paid to provide home care services for the recipient except
40	35		2.3as allowed under sections 256B.0652, subdivision 10, and 256B.0654, subdivision 4.
41	36		2.4 (f) (g) "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170
42	37		2.5to 9505.0475.
43	38		2.6 (g) (h) "Ventilator-dependent" means an individual who receives mechanical ventilation
44	39		2.7for life support at least six hours per day and is expected to be or has been dependent on a
45	40		2.8ventilator for at least 30 consecutive days.
46	41		2.9 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
47	42		2.10whichever is later. The commissioner of human services shall notify the revisor of statutes
48	43		2.11when federal approval is obtained.
49	44		2.12 Sec. 2. Minnesota Statutes 2024, section 256B.0651, subdivision 2, is amended to read:
50	45		2.13 Subd. 2.Services covered.Home care services covered under this section and sections
51	46		2.14256B.0652 to 256B.0654 and 256B.0659 include:
52	47		2.15 (1) nursing services under sections 256B.0625, subdivision 6a, and 256B.0653;
53	48		2.16 (2) home care nursing services under sections 256B.0625, subdivision 7, and 256B.0654;
54	49		2.17 (3) home health services under sections 256B.0625, subdivision 6a, and 256B.0653;
55	50		2.18 (4) personal care assistance services under sections 256B.0625, subdivision 19a, and
56	51		2.19256B.0659;
57	52		2.20 (5) supervision of personal care assistance services provided by a qualified professional
58	53		2.21under sections 256B.0625, subdivision 19a, and 256B.0659;
59	54		2.22 (6) face-to-face assessments by county public health nurses for personal care assistance
60	55		2.23services under sections 256B.0625, subdivision 19a, and 256B.0659; and
61	56		2.24 (7) service updates and review reviews by county public health nurses of temporary
62	57		2.25increases for personal care assistance services by the county public health nurse for services
63	58		2.26under sections 256B.0625, subdivision 19a, and 256B.0659.; and
64	59		2.27 (8) care evaluations under sections 256B.0625, subdivisions 6a and 7, 256B.0653, and
65	60		2.28256B.0654.
66	61		2.29 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
67	62		2.30whichever is later. The commissioner of human services shall notify the revisor of statutes
68	63		2.31when federal approval is obtained.
69	64		2Sec. 2.
70		-	REVISOR AGW ~~H0729-1~~~~HF729 FIRST ENGROSSMENT~~ 3.1 Sec. 3. Minnesota Statutes 2024, section 256B.0652, subdivision 11, is amended to read:
	65	+	REVISOR AGW/RC 25-0127712/18/24 3.1 Sec. 3. Minnesota Statutes 2024, section 256B.0652, subdivision 11, is amended to read:
71	66		3.2 Subd. 11.Limits on services without authorization.During a calendar year, a recipient
72	67		3.3may receive the following home care services during a calendar year without authorization:
73	68		3.4 (1) up to two face-to-face assessments to determine a recipient's need for personal care
74	69		3.5assistance services;
75	70		3.6 (2) one service update done to determine a recipient's need for personal care assistance
76	71		3.7services; and
77	72		3.8 (3) up to nine face-to-face visits that must include only skilled nurse visits or care
78	73		3.9evaluations.
79	74		3.10 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
80	75		3.11whichever is later. The commissioner of human services shall notify the revisor of statutes
81	76		3.12when federal approval is obtained.
82	77		3.13 Sec. 4. Minnesota Statutes 2024, section 256B.0653, subdivision 1, is amended to read:
83	78		3.14 Subdivision 1.Scope.This section applies to home health agency services including
84	79		3.15home health aide, skilled nursing visits, physical therapy, occupational therapy, respiratory
85	80		3.16therapy, and speech-language pathology therapy, and care evaluations.
86	81		3.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
87	82		3.18whichever is later. The commissioner of human services shall notify the revisor of statutes
88	83		3.19when federal approval is obtained.
89	84		3.20 Sec. 5. Minnesota Statutes 2024, section 256B.0653, subdivision 6, is amended to read:
90	85		3.21 Subd. 6.Noncovered home health agency services.The following are not eligible for
91	86		3.22payment under medical assistance as a home health agency service:
92	87		3.23 (1) telehomecare skilled nurses services that is communication between the home care
93	88		3.24nurse and recipient that consists solely of a telephone conversation, facsimile, electronic
94	89		3.25mail, or a consultation between two health care practitioners;
95	90		3.26 (2) the following skilled nurse visits:
96	91		3.27 (i) for the purpose of monitoring medication compliance with an established medication
97	92		3.28program for a recipient;
98	93		3.29 (ii) administering or assisting with medication administration, including injections,
99	94		3.30prefilling syringes for injections, or oral medication setup of an adult recipient, when, as
100	95		3Sec. 5.
101		-	REVISOR AGW ~~H0729-1~~~~HF729 FIRST ENGROSSMENT~~ 4.1determined and documented by the registered nurse, the need can be met by an available
	96	+	REVISOR AGW/RC 25-0127712/18/24 4.1determined and documented by the registered nurse, the need can be met by an available
102	97		4.2pharmacy or the recipient or a family member is physically and mentally able to
103	98		4.3self-administer or prefill a medication;
104	99		4.4 (iii) services done for the sole purpose of supervision of the home health aide or personal
105	100		4.5care assistant;
106	101		4.6 (iv) services done for the sole purpose to train other home health agency workers;
107	102		4.7 (v) services done for the sole purpose of blood samples or lab draw when the recipient
108	103		4.8is able to access these services outside the home; and
109	104		4.9 (vi) Medicare evaluation or administrative nursing visits required by Medicare, except
110	105		4.10as provided in subdivision 9, paragraph (a);
111	106		4.11 (3) home health aide visits when the following activities are the sole purpose for the
112	107		4.12visit: companionship, socialization, household tasks, transportation, and education;
113	108		4.13 (4) home care therapies provided in other settings such as a clinic or as an inpatient or
114	109		4.14when the recipient can access therapy outside of the recipient's residence; and
115	110		4.15 (5) home health agency services without qualifying documentation of a face-to-face
116	111		4.16encounter as specified in subdivision 7.
117	112		4.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
118	113		4.18whichever is later. The commissioner of human services shall notify the revisor of statutes
119	114		4.19when federal approval is obtained.
120	115		4.20 Sec. 6. Minnesota Statutes 2024, section 256B.0653, is amended by adding a subdivision
121	116		4.21to read:
122	117		4.22 Subd. 9.Care evaluations.(a) Notwithstanding the coverage limitation in subdivision
123	118		4.236, clause (2), item (vi), medical assistance covers care evaluations as a home health service
124	119		4.24under section 256B.0625, subdivision 6a, provided that the recipient's home health services
125	120		4.25are not covered under the Medicare program or any other insurance held by the recipient.
126	121		4.26 (b) The reimbursement rate for care evaluations under this section must equal 300 percent
127	122		4.27of the medical assistance reimbursement rate for a skilled nursing visit.
128	123		4.28 (c) Care evaluations under this section must occur during a start-of-care visit, a
129	124		4.29resumption-of-care visit, or a recertification visit. Care evaluations under this section must
130	125		4.30be provided by a registered nurse whenever the recipient's plan of care involves nursing
131	126		4.31tasks or medically oriented tasks requiring skilled nursing visits or home health aide visits.
132	127		4Sec. 6.
133		-	REVISOR AGW ~~H0729-1~~~~HF729 FIRST ENGROSSMENT~~ 5.1If the service recipient's plan of care involves only home care therapy, an appropriate therapist
	128	+	REVISOR AGW/RC 25-0127712/18/24 5.1If the service recipient's plan of care involves only home care therapy, an appropriate therapist
134	129		5.2may conduct a care evaluation under this section.
135	130		5.3 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
136	131		5.4whichever is later. The commissioner of human services shall notify the revisor of statutes
137	132		5.5when federal approval is obtained.
138	133		5.6 Sec. 7. Minnesota Statutes 2024, section 256B.0654, is amended by adding a subdivision
139	134		5.7to read:
140	135		5.8 Subd. 6.Care evaluations.(a) Medical assistance covers care evaluations as a home
141	136		5.9care nursing service under section 256B.0625, subdivision 7, provided the recipient's home
142	137		5.10care nursing services are not covered by the Medicare program or any other insurance held
143	138		5.11by the recipient.
144	139		5.12 (b) The reimbursement rate for care evaluations under this section must equal 300 percent
145	140		5.13of the medical assistance reimbursement rate for a skilled nursing visit.
146	141		5.14 (c) Care evaluations under this section must occur during a start-of-care visit, a
147	142		5.15resumption-of-care visit, or a recertification visit. Care evaluations under this section must
148	143		5.16be provided by a registered nurse.
149	144		5.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
150	145		5.18whichever is later. The commissioner of human services shall notify the revisor of statutes
151	146		5.19when federal approval is obtained.
152	147		5.20 Sec. 8. RATE INCREASE FOR CERTAIN HOME CARE SERVICES.
153	148		5.21 (a) The commissioner of human services shall increase payment rates for home health
154	149		5.22agency services under Minnesota Statutes, section 256B.0653, by ... percent from the rates
155	150		5.23in effect on December 31, 2025.
156	151		5.24 (b) The commissioner of human services shall increase payment rates for home care
157	152		5.25nursing under Minnesota Statutes, section 256B.0651, subdivision 2, clause (2), by ... percent
158	153		5.26from the rates in effect on December 31, 2025.
159	154		5.27 (c) The commissioner of human services shall increase payment rates established under
160	155		5.28Minnesota Statutes, sections 256S.21 to 256S.215, for homemaker assistance with personal
161	156		5.29care, homemaker cleaning, and homemaker home management by ... percent from the rates
162	157		5.30in effect on December 31, 2025.
163	158		5Sec. 8.
164		-	REVISOR AGW ~~H0729-1~~~~HF729 FIRST ENGROSSMENT~~ 6.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
	159	+	REVISOR AGW/RC 25-0127712/18/24 6.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
165	160		6.2whichever is later. The commissioner of human services shall notify the revisor of statutes
166	161		6.3when federal approval is obtained.
167		-	6.4 Sec. 9. HOME CARE PRECEPTOR GRANT PROGRAM.
168		-	6.5 Subdivision 1.Establishment.The commissioner of human services must establish a
169		-	6.6onetime grant program for incentive compensation and benefits for home care nurse
170		-	6.7employees who serve as a preceptor of a nursing student.
171		-	6.8 Subd. 2.Eligible grant recipients.Only home care providers licensed under Minnesota
172		-	6.9Statutes, chapter 144A, are eligible grant recipients under this section.
173		-	6.10 Subd. 3.Allowable uses.Grant money must be directed toward employees providing
174		-	6.11home care services licensed under Minnesota Statutes, chapter 144A. The only allowable
175		-	6.12use of grant money is incentive compensation and benefits for home care nurse employees
176		-	6.13who serve as a preceptor of a nursing student.
177		-	6.14 Subd. 4.Selection process.The commissioner shall select grantees based on information
178		-	6.15submitted in a grant proposal in a format as determined by the commissioner. The
179		-	6.16commissioner shall take into account relevant factors including the demonstrated need for
180		-	6.17an award for preceptors, the percentage of an organization's clients that are enrolled in
181		-	6.18medical assistance and MinnesotaCare, statewide geographical distribution of awarded
182		-	6.19grants, and other criteria as determined by the commissioner.
183		-	6.20 Subd. 5.Report.By July 1, 2028, each grant recipient must submit a report to the
184		-	6.21commissioner that includes details of how the grant money was distributed.
185		-	6.22 Subd. 6.Expiration.Subdivisions 1 to 4 expire January 1, 2028. This subdivision and
186		-	6.23subdivision 5 expire July 1, 2028.
187		-	6.24 Sec. 10. APPROPRIATION; HOME CARE PRECEPTOR GRANT PROGRAM.
188		-	6.25 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
189		-	6.26human services for the home care preceptor grant program. This is a onetime appropriation
190		-	6.27and is available until June 30, 2028.
191		-	6Sec. 10.
192		-	REVISOR AGW H0729-1HF729 FIRST ENGROSSMENT
	162	+	6.4 Sec. 9. HOME CARE CAREERS AWARENESS BUILDING; RECRUITMENT
	163	+	6.5AND RETENTION GRANT PROGRAM.
	164	+	6.6 Subdivision 1.Establishment.The commissioner of human services must establish a
	165	+	6.7onetime grant program to support the implementation of activities focused on home care
	166	+	6.8staff recruitment and home care staff retention.
	167	+	6.9 Subd. 2.Eligible grant recipients.Only home care providers licensed under Minnesota
	168	+	6.10Statutes, chapter 144A, are eligible grant recipients under this section.
	169	+	6.11 Subd. 3.Allowable uses.Grant money must be directed toward employees providing
	170	+	6.12home care services licensed under Minnesota Statutes, chapter 144A. Allowable uses of
	171	+	6.13grant money include but are not limited to:
	172	+	6.14 (1) loan forgiveness and scholarships for employees' further education in nursing or
	173	+	6.15physical therapy;
	174	+	6.16 (2) employee retention payments based on years of service;
	175	+	6.17 (3) incentive compensation and benefits for nurse employees who serve as a preceptor
	176	+	6.18of a nursing student; and
	177	+	6.19 (4) other activities approved by the commissioner.
	178	+	6.20 Subd. 4.Distribution of grant money.Grants must be distributed no later than January
	179	+	6.211, 2026.
	180	+	6.22 Subd. 5.Report.By July 1, 2028, grant recipients must submit a report to the
	181	+	6.23commissioner that includes a description of how grant money was used.
	182	+	6.24 Subd. 6.Expiration.Subdivisions 1 to 4 expire January 1, 2028. This subdivision and
	183	+	6.25subdivision 5 expire July 1, 2028.
	184	+	6Sec. 9.
	185	+	REVISOR AGW/RC 25-0127712/18/24