Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2215 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; modifying the requirements for Waiver Reimagine;
3	3		1.3 establishing the Legislative Task Force on Waiver Reimagine; making
4	4		1.4 appointments; requiring a report; amending Laws 2021, First Special Session
5	5		1.5 chapter 7, article 13, section 75, subdivisions 4, as amended, 5, as amended.
6	6		1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7		1.7 Section 1. Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision
8	8		1.84, as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
9	9		1.9 Subd. 4.Required report.Prior to seeking federal approval for any aspect of waiver
10	10		1.10reimagine phase II and no later than December 15, 2026, in collaboration with the Waiver
11	11		1.11Reimagine Advisory Committee, the commissioner must submit to the chairs and ranking
12	12		1.12minority members of the legislative committees and divisions with jurisdiction over health
13	13		1.13and human services a report on plans for waiver reimagine phase II, as well as the actual
14	14		1.14Waiver Reimagine plan intended to be submitted for federal approval. The report must also
15	15		1.15include any plans to adjust or modify the streamlined menu of services, the existing rate or
16	16		1.16budget exemption criteria or process, the proposed individual budget ranges based on need
17	17		1.17and not location of services, including additional budget resources beyond the resources
18	18		1.18required to meet assessed need that may be necessary for the individual to live in the least
19	19		1.19restrictive environment, and the role of MnCHOICES 2.0 assessment tool in determining
20	20		1.20service needs and individual budget ranges budgets.
21	21		1Section 1.
22		-	~~S2215-1 1st Engrossment~~~~SF2215~~ REVISOR DTT
	22	+	25-03151 as introduced02/18/25 REVISOR DTT/KR
23	23		SENATE
24	24		STATE OF MINNESOTA
25	25		S.F. No. 2215NINETY-FOURTH SESSION
26		-	(SENATE AUTHORS: HOFFMAN, Abeler~~, Dibble, Lucero~~ and ~~Mohamed~~)
	26	+	(SENATE AUTHORS: HOFFMAN, Abeler and Dibble)
27	27		OFFICIAL STATUSD-PGDATE
28		-	Introduction and first reading66003/06/2025
29		-	Referred to Human Services
30		-	Author added Lucero77603/13/2025
31		-	Comm report: To pass as amended and re-refer to State and Local Government03/17/2025
32		-	Author added Mohamed 2.1 Sec. 2. Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 5,
	28	+	Introduction and first reading03/06/2025
	29	+	Referred to Human Services 2.1 Sec. 2. Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 5,
33	30		2.2as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
34	31		2.3 Subd. 5.Transition process.(a) Prior to implementation of wavier reimagine phase II,
35	32		2.4the commissioner must establish a process to assist people who use waiver services and
36	33		2.5lead agencies to transition to a two-waiver system with an individual budget methodology.
37	34		2.6 (b) The commissioner must ensure that the new waiver service menu and individual
38	35		2.7budgets allow people to live in their own home, family home, or any home and
39	36		2.8community-based setting of their choice, including ensuring that the assessment tool used
40	37		2.9to set individual budgets covers necessary services and resources to live in the least restrictive
41	38		2.10environment. The commissioner must ensure, subject to state and federal regulations and
42	39		2.11law, that waiver reimagine does not result in unintended service disruptions. The
43	40		2.12commissioner must ensure that individual budgets are set based on the needs of the individual
44	41		2.13and not tied to location of services, including additional resources beyond the resources
45	42		2.14required to meet assessed need that may be necessary for the individual to live in the least
46	43		2.15restrictive environment.
47	44		2.16 Sec. 3. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; INPUT ON
48	45		2.17WAIVER REIMAGINE PLAN.
49	46		2.18 (a) Notwithstanding Laws 2021, First Special Session chapter 7, article 13, section 75,
50	47		2.19as amended by Laws 2024, chapter 108, article 1, section 28, and this act, prior to seeking
51	48		2.20federal approval for a Waiver Reimagine plan or implementation of the same, the
52	49		2.21commissioner of human services must first submit the Waiver Reimagine plan to the
53	50		2.22Legislative Task Force on Waiver Reimagine, to the legislature, and to all waiver service
54	51		2.23recipients in a specific communication directly to the recipients in a format the recipient
55	52		2.24can retrieve, allowing at least six months for review and input and for the commissioner to
56	53		2.25make any changes to the plan as a result of the input.
57	54		2.26 (b) The commissioner of human services shall not submit the Waiver Reimagine plan
58	55		2.27for federal approval without first receiving approval from the Legislative Task Force on
59	56		2.28Waiver Reimagine.
60	57		2.29 Sec. 4. LEGISLATIVE TASK FORCE ON WAIVER REIMAGINE.
61	58		2.30 Subdivision 1.Membership.(a) The Legislative Advisory Task Force on Waiver
62	59		2.31Reimagine consists of the following members:
63	60		2Sec. 4.
64		-	~~S2215-1 1st Engrossment~~~~SF2215~~ REVISOR DTT 3.1 (1) one member of the house of representatives, appointed by the speaker of the house
	61	+	25-03151 as introduced02/18/25 REVISOR DTT/KR 3.1 (1) one member of the house of representatives, appointed by the speaker of the house
65	62		3.2of representatives;
66	63		3.3 (2) one member of the house of representatives, appointed by the leader of the house of
67	64		3.4representatives Democratic-Farmer-Labor caucus;
68	65		3.5 (3) one member of the senate, appointed by the senate majority leader;
69	66		3.6 (4) one member of the senate, appointed by the senate minority leader;
70	67		3.7 (5) four individuals presently receiving waiver benefits who are under the age of 65,
71	68		3.8appointed by the Legislative Coordinating Commission. When making the appointments
72	69		3.9under this clause, the Legislative Coordinating Commission must strive to appoint at least
73	70		3.10one individual from greater Minnesota and at least one individual assessed to receive ten
74	71		3.11or more hours of waiver services per day;
75	72		3.12 (6) one county employee who conducts long-term care consultation services assessments
76	73		3.13for persons under the age of 65, appointed by the Minnesota Association of County Social
77	74		3.14Services Administrators;
78	75		3.15 (7) one employee of an organization that operates on behalf of a county as a contracted
79	76		3.16case manager to individuals under age 65 receiving waiver services, appointed by the
80	77		3.17Legislative Coordinating Commission;
81	78		3.18 (8) one representative of the Department of Human Services with knowledge of the
82	79		3.19requirements for a provider to participate in waiver service programs and of the
83	80		3.20administration of benefits, appointed by the commissioner of human services;
84	81		3.21 (9) one employee of the Minnesota Council on Disability, appointed by the Minnesota
85	82		3.22Council on Disability;
86	83		3.23 (10) one member each from two different disability advocacy organizations, appointed
87	84		3.24by the Legislative Coordinating Commission. When making the appointment under this
88	85		3.25clause, the Legislative Coordinating Commission must strive to appoint a member from a
89	86		3.26self-advocate organization;
90	87		3.27 (11) two family members of individuals under the age of 18 who are receiving waivered
91	88		3.28services, appointed by the Legislative Coordinating Commission. When making the
92	89		3.29appointments under this clause, the Legislative Coordinating Commission must strive to
93	90		3.30appoint at least one member from greater Minnesota;
94	91		3.31 (12) two family members of individuals aged 18 or older and under age 65 who are
95	92		3.32receiving waivered services, appointed by the Legislative Coordinating Commission. When
96	93		3Sec. 4.
97		-	~~S2215-1 1st Engrossment~~~~SF2215~~ REVISOR DTT 4.1making the appointments under this clause, the Legislative Coordinating Commission must
	94	+	25-03151 as introduced02/18/25 REVISOR DTT/KR 4.1making the appointments under this clause, the Legislative Coordinating Commission must
98	95		4.2strive to appoint at least one member from greater Minnesota;
99	96		4.3 (13) two providers of waivered services for persons who are under the age of 65,
100	97		4.4appointed by the Legislative Coordinating Commission. When making the appointments
101	98		4.5under this clause, the Legislative Coordinating Commission must strive to appoint at least
102	99		4.6one member from greater Minnesota;
103	100		4.7 (14) one member appointed by the Minnesota Indian Affairs Council;
104	101		4.8 (15) one member of the Council on Developmental Disabilities, appointed by the
105	102		4.9executive director of the council;
106	103		4.10 (16) one employee from the Office of Ombudsman for Mental Health and Developmental
107	104		4.11Disabilities, appointed by the ombudsman;
108	105		4.12 (17) one employee from the Office of Ombudsman for Long Term Care, appointed by
109	106		4.13the ombudsman;
110	107		4.14 (18) one employee from the Olmstead Implementation Office, appointed by the director
111	108		4.15of the office;
112	109		4.16 (19) one member of a behavioral health advocacy organization that advocates on behalf
113	110		4.17of recipients of waiver services, appointed by the Legislative Coordinating Commission;
114	111		4.18 (20) one provider of behavioral health services to recipients of waiver services, appointed
115	112		4.19by the Legislative Coordinating Commission;
116	113		4.20 (21) one member from the Home Care Association, appointed by the Legislative
117	114		4.21Coordinating Commission;
118	115		4.22 (22) an employee of the Department of Human Services that is a leader of the Advisory
119	116		4.23Committee on Waiver Reimagine, appointed by the commissioner of human services;
120	117		4.24 (23) a member representing the interests of individuals from the Black, Indigenous, and
121	118		4.25People of Color community who are under the age of 65 and receiving waiver services,
122	119		4.26appointed by the Legislative Coordinating Commission;
123	120		4.27 (24) the assistant commissioner of aging and disability services;
124	121		4.28 (25) two current public members of the Advisory Committee on Waiver Reimagine,
125	122		4.29appointed by the Legislative Coordinating Commission; and
126	123		4.30 (26) a member of the Minnesota Disability Law Center, appointed by the executive
127	124		4.31director of Mid-Minnesota Legal Aid.
128	125		4Sec. 4.
129		-	S2215-1 1st EngrossmentSF2215 REVISOR DTT 5.1 (b) Each appointing authority must make its appointments by September 30, 2025.
130		-	5.2Appointments made by an agency or commissioner may also be made by a designee. The
131		-	5.3chair of the Legislative Coordinating Commission shall make all appointments on behalf
132		-	5.4of the Legislative Coordinating Commission.
133		-	5.5 (c) The Legislative Coordinating Commission will serve as convener of the task force.
134		-	5.6The task force must elect a chair and other officers it deems necessary from among the
135		-	5.7legislative members of the task force.
136		-	5.8 Subd. 2.Meetings; administrative support.The first meeting of the task force must
137		-	5.9be convened no later than November 30, 2025. The task force must meet at least quarterly.
138		-	5.10Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by
139		-	5.11telephone or interactive technology consistent with Minnesota Statutes, section 13D.015.
140		-	5.12The Legislative Coordinating Commission shall provide meeting space and administrative
141		-	5.13and research support to the task force.
142		-	5.14 Subd. 3.Duties.(a) The task force must make findings and recommendations related
143		-	5.15to Waiver Reimagine in Minnesota, including but not limited to the following:
144		-	5.16 (1) consolidation of the existing four disability home and community-based waiver
145		-	5.17service programs into two waiver programs;
146		-	5.18 (2) budgets based on the needs of the individual that are not tied to location of services,
147		-	5.19including additional resources beyond the resources required to meet assessed needs that
148		-	5.20may be necessary for the individual to live in the least restrictive environment;
149		-	5.21 (3) individual budget methodologies, including methodologies that account for multiple
150		-	5.22budget setting factors such as assessed need; history of authorized budgets; history of budget
151		-	5.23utilization limited by unavailability of services, staff, and other factors; history of
152		-	5.24hospitalizations; proximity of services; and availability of services, including transportation;
153		-	5.25 (4) criteria and process for provider rate exceptions and individualized budget exceptions;
154		-	5.26 (5) appropriate assessments, including the MnCHOICES 2.0 assessment tool, in
155		-	5.27determining service needs and individualized budgets;
156		-	5.28 (6) covered services under each waiver program, including any proposed adjustments
157		-	5.29to the menu of services;
158		-	5.30 (7) application process waiver services;
159		-	5.31 (8) service planning and authorization process for waiver services;
160		-	5.32 (9) process of a provider applying for and offering waivered services;
	126	+	25-03151 as introduced02/18/25 REVISOR DTT/KR 5.1 (b) Each appointing authority must make its appointments by September 30, 2025.
	127	+	5.2Appointments made by an agency or commissioner may also be made by a designee.
	128	+	5.3 (c) The Legislative Coordinating Commission will serve as convener of the task force.
	129	+	5.4The convener must designate a member or members of the legislature serving on the task
	130	+	5.5force to serve as chair or cochairs.
	131	+	5.6 Subd. 2.Meetings; administrative support.The first meeting of the task force must
	132	+	5.7be convened no later than November 30, 2025. The task force must meet at least quarterly.
	133	+	5.8Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by
	134	+	5.9telephone or interactive technology consistent with Minnesota Statutes, section 13D.015.
	135	+	5.10The Legislative Coordinating Commission shall provide meeting space and administrative
	136	+	5.11and research support to the task force.
	137	+	5.12 Subd. 3.Duties.(a) The task force must make findings and recommendations related
	138	+	5.13to Waiver Reimagine in Minnesota, including but not limited to the following:
	139	+	5.14 (1) consolidation of the existing four disability home and community-based waiver
	140	+	5.15service programs into two waiver programs;
	141	+	5.16 (2) budgets based on the needs of the individual that are not tied to location of services,
	142	+	5.17including additional resources beyond the resources required to meet assessed needs that
	143	+	5.18may be necessary for the individual to live in the least restrictive environment;
	144	+	5.19 (3) individual budget methodologies, including methodologies that account for multiple
	145	+	5.20budget setting factors such as assessed need; history of authorized budgets; history of budget
	146	+	5.21utilization limited by unavailability of services, staff, and other factors; history of
	147	+	5.22hospitalizations; proximity of services; and availability of services, including transportation;
	148	+	5.23 (4) criteria and process for provider rate exceptions and individualized budget exceptions;
	149	+	5.24 (5) appropriate assessments, including the MnCHOICES 2.0 assessment tool, in
	150	+	5.25determining service needs and individualized budgets;
	151	+	5.26 (6) covered services under each waiver program, including any proposed adjustments
	152	+	5.27to the menu of services;
	153	+	5.28 (7) application process waiver services;
	154	+	5.29 (8) service planning and authorization process for waiver services;
	155	+	5.30 (9) process of a provider applying for and offering waivered services;
161	156		5Sec. 4.
162		-	~~S2215-1 1st Engrossment~~~~SF2215~~ REVISOR DTT 6.1 (10) plan of support, financial and otherwise, to live in the person's own home and in
	157	+	25-03151 as introduced02/18/25 REVISOR DTT/KR 6.1 (10) plan of support, financial and otherwise, to live in the person's own home and in
163	158		6.2the most integrated setting as defined under Title 2 of the Americans with Disability Act
164	159		6.3(ADA) Integration Mandate and in Minnesota's Olmstead Plan;
165	160		6.4 (11) program structure not based on where an individual receiving waivered services
166	161		6.5lives, but rather the support needs of the individual regardless of location;
167	162		6.6 (12) intended and unintended consequences of Waiver Reimagine; and
168	163		6.7 (13) other items related to Waiver Reimagine as necessary.
169	164		6.8 (b) The task force must seek input from the public, counties, persons receiving waivered
170	165		6.9services, families of persons receiving waivered services, providers, state agencies, advocacy
171	166		6.10groups, and attorneys. The task force must hold public meetings to gather information to
172	167		6.11fulfill the purpose of the task force. The meetings must be accessible by remote participants.
173	168		6.12The Department of Human Services shall provide relevant data and research to the task
174	169		6.13force to facilitate their work.
175	170		6.14 Subd. 4.Compensation; expenses.Members of the task force may receive compensation
176	171		6.15and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
177	172		6.163.
178	173		6.17 Subd. 5.Report; expiration.The task force shall submit a report to the chairs and
179	174		6.18ranking minority members of the legislative committees with jurisdiction over waiver
180	175		6.19services no later than January 15, 2027. The report required by the Waiver Reimagine
181	176		6.20Advisory Committee in subdivision 4 of Laws 2021, First Special Session chapter 7, article
182	177		6.2113, section 75, as amended by Laws 2024, chapter 108, article 1, section 28, and this act,
183	178		6.22must be presented to the Legislative Task Force prior to December 15, 2026. The task force
184	179		6.23report required under this subdivision must describe any concerns or recommendations
185	180		6.24related to Waiver Reimagine as identified by the task force.
186	181		6.25 Subd. 6.Expiration.The task force expires upon submission of its report, or December
187	182		6.2631, 2027, whichever is earlier.
188	183		6.27 EFFECTIVE DATE.This section is effective the day following final enactment.
189	184		6Sec. 4.
190		-	~~S2215-1 1st Engrossment~~~~SF2215~~ REVISOR DTT
	185	+	25-03151 as introduced02/18/25 REVISOR DTT/KR