1.1 A bill for an act
1.2 relating to human services; modifying provisions relating to aging and disability
1.3 services; correcting cross-references; making conforming and technical changes;
1.4 amending Minnesota Statutes 2024, sections 252.28, subdivision 2; 252.41,
1.5 subdivision 3; 252.42; 252.43; 252.44; 252.45; 252.46, subdivision 1a; 256B.092,
1.6 subdivisions 1a, 11a; 256B.49, subdivisions 13, 29.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 252.28, subdivision 2, is amended to read:
1.9 Subd. 2.Rules; program standards; licenses.The commissioner of human services
1.10shall:
1.11 (1) Establish uniform rules and program standards for each type of residential and day
1.12facility or service for persons with developmental disabilities, including state hospitals under
1.13control of the executive board and serving persons with developmental disabilities, and
1.14excluding persons with developmental disabilities residing with their families.
1.15 (2) Grant licenses according to the provisions of Laws 1976, chapter 243, sections 2 to
1.1613 chapter 245A.
1.17 Sec. 2. Minnesota Statutes 2024, section 252.41, subdivision 3, is amended to read:
1.18 Subd. 3.Day services for adults with disabilities.(a) "Day services for adults with
1.19disabilities" or "day services" means services that:
1.20 (1) include supervision, training, assistance, support, facility-based work-related activities,
1.21or other community-integrated activities designed and implemented in accordance with the
1.22support plan and support plan addendum required under sections 245D.02, subdivision 4,
1Sec. 2.
S2439-1 1st EngrossmentSF2439 REVISOR AGW
SENATE
STATE OF MINNESOTA
S.F. No. 2439NINETY-FOURTH SESSION
(SENATE AUTHORS: HOFFMAN)
OFFICIAL STATUSD-PGDATE
Introduction and first reading75103/13/2025
Referred to Human Services
Comm report: To pass as amended03/20/2025
Second reading 2.1paragraphs (b) and (c), 245D.02, subdivisions 4b and 4c, and 256B.092, subdivision 1b,
2.2and Minnesota Rules, part 9525.0004, subpart 12, to help an adult reach and maintain the
2.3highest possible level of independence, productivity, and integration into the community;
2.4 (2) include day support services, prevocational services, day training and habilitation
2.5services, structured day services, and adult day services as defined in Minnesota's federally
2.6approved disability waiver plans; and
2.7 (3) include day training and habilitation services; and
2.8 (4) are provided by a vendor licensed under sections 245A.01 to 245A.16, 245D.27 to
2.9245D.31, 252.28, subdivision 2, or 252.41 to 252.46, or Minnesota Rules, parts 9525.1200
2.10to 9525.1330, to provide day services.
2.11 (b) Day services reimbursable under this section do not include special education and
2.12related services as defined in the Education of the Individuals with Disabilities Act, United
2.13States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services
2.14funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29,
2.15section 720, as amended.
2.16 (c) Day services do not include employment exploration, employment development, or
2.17employment support services as defined in the home and community-based services waivers
2.18for people with disabilities authorized under sections 256B.092 and 256B.49.
2.19 Sec. 3. Minnesota Statutes 2024, section 252.42, is amended to read:
2.20 252.42 SERVICE PRINCIPLES.
2.21 The design and delivery of services eligible for reimbursement should reflect the
2.22following principles:
2.23 (1) services must suit a person's chronological age and be provided in the least restrictive
2.24environment possible, consistent with the needs identified in the person's support plan and
2.25support plan addendum required under sections 256B.092, subdivision 1b, and 245D.02,
2.26subdivision 4, paragraphs (b) and (c) 245D.02, subdivisions 4b and 4c, and Minnesota Rules,
2.27part 9525.0004, subpart 12;
2.28 (2) a person with a disability whose individual support plans and support plan addendums
2.29authorize employment or employment-related activities shall be given the opportunity to
2.30participate in employment and employment-related activities in which nondisabled persons
2.31participate;
2Sec. 3.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 3.1 (3) a person with a disability participating in work shall be paid wages commensurate
3.2with the rate for comparable work and productivity except as regional centers are governed
3.3by section 246.151;
3.4 (4) a person with a disability shall receive services which include services offered in
3.5settings used by the general public and designed to increase the person's active participation
3.6in ordinary community activities;
3.7 (5) a person with a disability shall participate in the patterns, conditions, and rhythms
3.8of everyday living and working that are consistent with the norms of the mainstream of
3.9society.
3.10 Sec. 4. Minnesota Statutes 2024, section 252.43, is amended to read:
3.11 252.43 COMMISSIONER'S DUTIES.
3.12 (a) The commissioner shall supervise lead agencies' provision of day services to adults
3.13with disabilities. The commissioner shall:
3.14 (1) determine the need for day programs services, except for adult day services, under
3.15sections 256B.4914 and 252.41 to 252.46 operated in a day services facility licensed under
3.16sections 245D.27 to 245D.31;
3.17 (2) establish payment rates as provided under section 256B.4914;
3.18 (3) (2) adopt rules for the administration and provision of day services under sections
3.19245A.01 to 245A.16; 252.28, subdivision 2; or 252.41 to 252.46; or Minnesota Rules, parts
3.209525.1200 to 9525.1330;
3.21 (4) (3) enter into interagency agreements necessary to ensure effective coordination and
3.22provision of day services;
3.23 (5) (4) monitor and evaluate the costs and effectiveness of day services; and
3.24 (6) (5) provide information and technical help to lead agencies and vendors in their
3.25administration and provision of day services.
3.26 (b) A determination of need in paragraph (a), clause (1), shall not be required for a
3.27change in day service provider name or ownership.
3.28 EFFECTIVE DATE.This section is effective July 1, 2025.
3Sec. 4.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 4.1 Sec. 5. Minnesota Statutes 2024, section 252.44, is amended to read:
4.2 252.44 LEAD AGENCY BOARD RESPONSIBILITIES.
4.3 When the need for day services in a county or tribe has been determined under section
4.4252.28 252.43, the board of commissioners for that lead agency shall:
4.5 (1) authorize the delivery of day services according to the support plans and support
4.6plan addendums required as part of the lead agency's provision of case management services
4.7under sections 256B.0913, subdivision 8; 256B.092, subdivision 1b;, and 256B.49,
4.8subdivision 15;, and 256S.10 and Minnesota Rules, parts 9525.0004 to 9525.0036;
4.9 (2) ensure that transportation is provided or arranged by the vendor in the most efficient
4.10and reasonable way possible; and
4.11 (3) monitor and evaluate the cost and effectiveness of the services.
4.12 Sec. 6. Minnesota Statutes 2024, section 252.45, is amended to read:
4.13 252.45 VENDOR'S DUTIES.
4.14 A day service vendor enrolled with the commissioner is responsible for items under
4.15clauses (1), (2), and (3), and extends only to the provision of services that are reimbursable
4.16under state and federal law. A vendor providing day services shall:
4.17 (1) provide the amount and type of services authorized in the individual service plan
4.18under the support plan and support plan addendum required under sections 245D.02,
4.19subdivision 4, paragraphs (b) and (c) 245D.02, subdivisions 4b and 4c, and 256B.092,
4.20subdivision 1b, and Minnesota Rules, part 9525.0004, subpart 12;
4.21 (2) design the services to achieve the outcomes assigned to the vendor in the support
4.22plan and support plan addendum required under sections 245D.02, subdivision 4, paragraphs
4.23(a) and (b) 245D.02, subdivisions 4b and 4c, and 256B.092, subdivision 1b, and Minnesota
4.24Rules, part 9525.0004, subpart 12;
4.25 (3) provide or arrange for transportation of persons receiving services to and from service
4.26sites;
4.27 (4) enter into agreements with community-based intermediate care facilities for persons
4.28with developmental disabilities to ensure compliance with applicable federal regulations;
4.29and
4.30 (5) comply with state and federal law.
4Sec. 6.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 5.1 Sec. 7. Minnesota Statutes 2024, section 252.46, subdivision 1a, is amended to read:
5.2 Subd. 1a.Day training and habilitation rates.The commissioner shall establish a
5.3statewide rate-setting methodology rates for all day training and habilitation services and
5.4for transportation delivered as a part of day training and habilitation services as provided
5.5under section 256B.4914. The rate-setting methodology must abide by the principles of
5.6transparency and equitability across the state. The methodology must involve a uniform
5.7process of structuring rates for each service and must promote quality and participant choice.
5.8 EFFECTIVE DATE.This section is effective January 1, 2026.
5.9 Sec. 8. Minnesota Statutes 2024, section 256B.092, subdivision 1a, is amended to read:
5.10 Subd. 1a.Case management services.(a) Each recipient of a home and community-based
5.11waiver shall be provided case management services by qualified vendors as described in
5.12the federally approved waiver application.
5.13 (b) Case management service activities provided to or arranged for a person include:
5.14 (1) development of the person-centered support plan under subdivision 1b;
5.15 (2) informing the individual or the individual's legal guardian or conservator, or parent
5.16if the person is a minor, of service options, including all service options available under the
5.17waiver plan;
5.18 (3) consulting with relevant medical experts or service providers;
5.19 (4) assisting the person in the identification of potential providers of chosen services,
5.20including:
5.21 (i) providers of services provided in a non-disability-specific setting;
5.22 (ii) employment service providers;
5.23 (iii) providers of services provided in settings that are not controlled by a provider; and
5.24 (iv) providers of financial management services;
5.25 (5) assisting the person to access services and assisting in appeals under section 256.045;
5.26 (6) coordination of services, if coordination is not provided by another service provider;
5.27 (7) evaluation and monitoring of the services identified in the support plan, which must
5.28incorporate at least one annual face-to-face visit by the case manager with each person; and
5.29 (8) reviewing support plans and providing the lead agency with recommendations for
5.30service authorization based upon the individual's needs identified in the support plan.
5Sec. 8.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 6.1 (c) Case management service activities that are provided to the person with a
6.2developmental disability shall be provided directly by county agencies or under contract.
6.3If a county agency contracts for case management services, the county agency must provide
6.4each recipient of home and community-based services who is receiving contracted case
6.5management services with the contact information the recipient may use to file a grievance
6.6with the county agency about the quality of the contracted services the recipient is receiving
6.7from a county-contracted case manager. If a county agency provides case management
6.8under contracts with other individuals or agencies and the county agency utilizes a
6.9competitive proposal process for the procurement of contracted case management services,
6.10the competitive proposal process must include evaluation criteria to ensure that the county
6.11maintains a culturally responsive program for case management services adequate to meet
6.12the needs of the population of the county. For the purposes of this section, "culturally
6.13responsive program" means a case management services program that: (1) ensures effective,
6.14equitable, comprehensive, and respectful quality care services that are responsive to
6.15individuals within a specific population's values, beliefs, practices, health literacy, preferred
6.16language, and other communication needs; and (2) is designed to address the unique needs
6.17of individuals who share a common language or racial, ethnic, or social background.
6.18 (d) Case management services must be provided by a public or private agency that is
6.19enrolled as a medical assistance provider determined by the commissioner to meet all of
6.20the requirements in the approved federal waiver plans. Case management services must not
6.21be provided to a recipient by a private agency that has a financial interest in the provision
6.22of any other services included in the recipient's support plan. For purposes of this section,
6.23"private agency" means any agency that is not identified as a lead agency under section
6.24256B.0911, subdivision 10.
6.25 (e) Case managers are responsible for service provisions listed in paragraphs (a) and
6.26(b). Case managers shall collaborate with consumers, families, legal representatives, and
6.27relevant medical experts and service providers in the development and annual review of the
6.28person-centered support plan and habilitation plan.
6.29 (f) For persons who need a positive support transition plan as required in chapter 245D,
6.30the case manager shall participate in the development and ongoing evaluation of the plan
6.31with the expanded support team. At least quarterly, the case manager, in consultation with
6.32the expanded support team, shall evaluate the effectiveness of the plan based on progress
6.33evaluation data submitted by the licensed provider to the case manager. The evaluation must
6.34identify whether the plan has been developed and implemented in a manner to achieve the
6.35following within the required timelines:
6Sec. 8.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 7.1 (1) phasing out the use of prohibited procedures;
7.2 (2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
7.3timeline; and
7.4 (3) accomplishment of identified outcomes.
7.5If adequate progress is not being made, the case manager shall consult with the person's
7.6expanded support team to identify needed modifications and whether additional professional
7.7support is required to provide consultation.
7.8 (g) The Department of Human Services shall offer ongoing education in case management
7.9to case managers. Case managers shall receive no less than 20 hours of case management
7.10education and disability-related training each year. The education and training must include
7.11person-centered planning, informed choice, informed decision making, cultural competency,
7.12employment planning, community living planning, self-direction options, and use of
7.13technology supports. Case managers must annually complete an informed choice curriculum
7.14and pass a competency evaluation, in a form determined by the commissioner, on informed
7.15decision-making standards. By August 1, 2024, all case managers must complete an
7.16employment support training course identified by the commissioner of human services. For
7.17case managers hired after August 1, 2024, this training must be completed within the first
7.18six months of providing case management services. For the purposes of this section,
7.19"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
7.20subdivision 10. Case managers must document completion of training in a system identified
7.21by the commissioner.
7.22 EFFECTIVE DATE.This section is effective August 1, 2025.
7.23 Sec. 9. Minnesota Statutes 2024, section 256B.092, subdivision 11a, is amended to read:
7.24 Subd. 11a.Residential support services criteria.(a) For the purposes of this subdivision,
7.25"residential support services" means the following residential support services reimbursed
7.26under section 256B.4914: community residential services, customized living services, and
7.2724-hour customized living services.
7.28 (b) In order to increase independent living options for people with disabilities and in
7.29accordance with section 256B.4905, subdivisions 3 and 4 7 and 8, and consistent with
7.30section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
7.31access residential support services. The criteria for accessing residential support services
7.32must prohibit the commissioner from authorizing residential support services unless at least
7.33all of the following conditions are met:
7Sec. 9.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 8.1 (1) the individual has complex behavioral health or complex medical needs; and
8.2 (2) the individual's service planning team has considered all other available residential
8.3service options and determined that those options are inappropriate to meet the individual's
8.4support needs.
8.5 (c) Nothing in this subdivision shall be construed as permitting the commissioner to
8.6establish criteria prohibiting the authorization of residential support services for individuals
8.7described in the statewide priorities established in subdivision 12, the transition populations
8.8in subdivision 13, and the licensing moratorium exception criteria under section 245A.03,
8.9subdivision 7, paragraph (a).
8.10 (d) Individuals with active service agreements for residential support services on the
8.11date that the criteria for accessing residential support services become effective are exempt
8.12from the requirements of this subdivision, and the exemption from the criteria for accessing
8.13residential support services continues to apply for renewals of those service agreements.
8.14 EFFECTIVE DATE.This section is effective 90 days following federal approval of
8.15Laws 2021, First Special Session chapter 7, article 13, section 18.
8.16 Sec. 10. Minnesota Statutes 2024, section 256B.49, subdivision 13, is amended to read:
8.17 Subd. 13.Case management.(a) Each recipient of a home and community-based waiver
8.18shall be provided case management services by qualified vendors as described in the federally
8.19approved waiver application. The case management service activities provided must include:
8.20 (1) finalizing the person-centered written support plan within the timelines established
8.21by the commissioner and section 256B.0911, subdivision 29;
8.22 (2) informing the recipient or the recipient's legal guardian or conservator of service
8.23options, including all service options available under the waiver plans;
8.24 (3) assisting the recipient in the identification of potential service providers of chosen
8.25services, including:
8.26 (i) available options for case management service and providers;
8.27 (ii) providers of services provided in a non-disability-specific setting;
8.28 (iii) employment service providers;
8.29 (iv) providers of services provided in settings that are not community residential settings;
8.30and
8.31 (v) providers of financial management services;
8Sec. 10.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 9.1 (4) assisting the recipient to access services and assisting with appeals under section
9.2256.045; and
9.3 (5) coordinating, evaluating, and monitoring of the services identified in the service
9.4plan.
9.5 (b) The case manager may delegate certain aspects of the case management service
9.6activities to another individual provided there is oversight by the case manager. The case
9.7manager may not delegate those aspects which require professional judgment including:
9.8 (1) finalizing the person-centered support plan;
9.9 (2) ongoing assessment and monitoring of the person's needs and adequacy of the
9.10approved person-centered support plan; and
9.11 (3) adjustments to the person-centered support plan.
9.12 (c) Case management services must be provided by a public or private agency that is
9.13enrolled as a medical assistance provider determined by the commissioner to meet all of
9.14the requirements in the approved federal waiver plans. If a county agency provides case
9.15management under contracts with other individuals or agencies and the county agency
9.16utilizes a competitive proposal process for the procurement of contracted case management
9.17services, the competitive proposal process must include evaluation criteria to ensure that
9.18the county maintains a culturally responsive program for case management services adequate
9.19to meet the needs of the population of the county. For the purposes of this section, "culturally
9.20responsive program" means a case management services program that: (1) ensures effective,
9.21equitable, comprehensive, and respectful quality care services that are responsive to
9.22individuals within a specific population's values, beliefs, practices, health literacy, preferred
9.23language, and other communication needs; and (2) is designed to address the unique needs
9.24of individuals who share a common language or racial, ethnic, or social background.
9.25 (d) Case management services must not be provided to a recipient by a private agency
9.26that has any financial interest in the provision of any other services included in the recipient's
9.27support plan. For purposes of this section, "private agency" means any agency that is not
9.28identified as a lead agency under section 256B.0911, subdivision 10.
9.29 (e) For persons who need a positive support transition plan as required in chapter 245D,
9.30the case manager shall participate in the development and ongoing evaluation of the plan
9.31with the expanded support team. At least quarterly, the case manager, in consultation with
9.32the expanded support team, shall evaluate the effectiveness of the plan based on progress
9.33evaluation data submitted by the licensed provider to the case manager. The evaluation must
9Sec. 10.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 10.1identify whether the plan has been developed and implemented in a manner to achieve the
10.2following within the required timelines:
10.3 (1) phasing out the use of prohibited procedures;
10.4 (2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
10.5timeline; and
10.6 (3) accomplishment of identified outcomes.
10.7If adequate progress is not being made, the case manager shall consult with the person's
10.8expanded support team to identify needed modifications and whether additional professional
10.9support is required to provide consultation.
10.10 (f) The Department of Human Services shall offer ongoing education in case management
10.11to case managers. Case managers shall receive no less than 20 hours of case management
10.12education and disability-related training each year. The education and training must include
10.13person-centered planning, informed choice, informed decision making, cultural competency,
10.14employment planning, community living planning, self-direction options, and use of
10.15technology supports. Case managers must annually complete an informed choice curriculum
10.16and pass a competency evaluation, in a form determined by the commissioner, on informed
10.17decision-making standards. By August 1, 2024, all case managers must complete an
10.18employment support training course identified by the commissioner of human services. For
10.19case managers hired after August 1, 2024, this training must be completed within the first
10.20six months of providing case management services. For the purposes of this section,
10.21"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
10.22subdivision 10. Case managers shall document completion of training in a system identified
10.23by the commissioner.
10.24 EFFECTIVE DATE.This section is effective August 1, 2025.
10.25Sec. 11. Minnesota Statutes 2024, section 256B.49, subdivision 29, is amended to read:
10.26 Subd. 29.Residential support services criteria.(a) For the purposes of this subdivision,
10.27"residential support services" means the following residential support services reimbursed
10.28under section 256B.4914: community residential services, customized living services, and
10.2924-hour customized living services.
10.30 (b) In order to increase independent living options for people with disabilities and in
10.31accordance with section 256B.4905, subdivisions 3 and 4 7 and 8, and consistent with
10.32section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
10.33access residential support services. The criteria for accessing residential support services
10Sec. 11.
S2439-1 1st EngrossmentSF2439 REVISOR AGW 11.1must prohibit the commissioner from authorizing residential support services unless at least
11.2all of the following conditions are met:
11.3 (1) the individual has complex behavioral health or complex medical needs; and
11.4 (2) the individual's service planning team has considered all other available residential
11.5service options and determined that those options are inappropriate to meet the individual's
11.6support needs.
11.7 (c) Nothing in this subdivision shall be construed as permitting the commissioner to
11.8establish criteria prohibiting the authorization of residential support services for individuals
11.9described in the statewide priorities established in subdivision 12 11a, the transition
11.10populations in subdivision 13 24, and the licensing moratorium exception criteria under
11.11section 245A.03, subdivision 7, paragraph (a).
11.12 (c) (d) Individuals with active service agreements for residential support services on the
11.13date that the criteria for accessing residential support services become effective are exempt
11.14from the requirements of this subdivision, and the exemption from the criteria for accessing
11.15residential support services continues to apply for renewals of those service agreements.
11.16 EFFECTIVE DATE.This section is effective 90 days following federal approval of
11.17Laws 2021, First Special Session chapter 7, article 13, section 30.
11Sec. 11.
S2439-1 1st EngrossmentSF2439 REVISOR AGW