Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; modifying licensing requirements for family adult
3	3	1.3 foster care homes; amending Minnesota Statutes 2024, sections 245A.02, by adding
4	4	1.4 subdivisions; 245A.03, subdivisions 6a, 7; 245A.042, by adding a subdivision;
5	5	1.5 245A.06, subdivision 1a; 256B.4914, subdivisions 6, 19; Laws 2023, chapter 61,
6	6	1.6 article 1, sections 47, subdivision 19; 85; repealing Laws 2023, chapter 61, article
7	7	1.7 1, section 32.
8	8	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9	1.9 Section 1. Minnesota Statutes 2024, section 245A.02, is amended by adding a subdivision
10	10	1.10to read:
11	11	1.11 Subd. 11a.Primary residence.(a) "Primary residence" means the location where the
12	12	1.12license holder lives and usually sleeps and from which the license holder has no present
13	13	1.13intention of moving without also intending to transfer the license.
14	14	1.14 (b) A license holder's primary residence does not change if the license holder leaves
15	15	1.15home to live temporarily at another residence without the intention of making the other
16	16	1.16location the license holder's permanent home.
17	17	1.17 (c) Without other supporting evidence that the license holder has moved, the
18	18	1.18commissioner must not determine that a license holder has a different primary residence
19	19	1.19than the one listed on the license if the license holder:
20	20	1.20 (1) owns, acquires, or leases another residence;
21	21	1.21 (2) uses a different location for the license holder's address on a driver's license,
22	22	1.22homestead declaration, tax form, or other official document, unless the address reflects a
23	23	1.23change made after the license holder obtained the license under this section; or
24	24	1Section 1.
25	25	25-04835 as introduced03/19/25 REVISOR DTT/HL
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3027NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: HOFFMAN)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading03/27/2025
32	32	Referred to Human Services 2.1 (3) lives separately from a spouse or children.
33	33	2.2 Sec. 2. Minnesota Statutes 2024, section 245A.02, is amended by adding a subdivision to
34	34	2.3read:
35	35	2.4 Subd. 11b.Primary caregiver.(a) "Primary caregiver" means the person primarily
36	36	2.5responsible for the supervision, oversight, and coordination of care for persons receiving
37	37	2.6services in an adult foster care home licensed under this chapter or chapter 245D.
38	38	2.7 (b) A license holder for an adult foster care home licensed under chapter 245A who is
39	39	2.8assisted without limitation by unpaid family members who also reside in the home or who
40	40	2.9visit the home as unpaid family members is still the primary caregiver if the assistance is
41	41	2.10under the direction and control of the license holder.
42	42	2.11 (c) A license holder for an adult foster care home licensed under chapter 245A who is
43	43	2.12assisted by paid staff or by unpaid volunteers not residing in the home is still the primary
44	44	2.13caregiver if the staff or volunteers provide no more than a total of 40 work hours of services
45	45	2.14per week and the assistance is under the direction and control of the license holder.
46	46	2.15 (d) A license holder for a family adult foster care home that also provides services
47	47	2.16licensed under chapter 245D who is assisted by paid staff or by unpaid volunteers not
48	48	2.17residing in the home is still the primary caregiver if the staff or volunteers provide no more
49	49	2.18than the total hourly amount of chapter 245D services called for in the service plans of the
50	50	2.19service recipients in the home, plus 40 work hours per week, and the assistance is under the
51	51	2.20direction and control of the license holder.
52	52	2.21 Sec. 3. Minnesota Statutes 2024, section 245A.03, subdivision 6a, is amended to read:
53	53	2.22 Subd. 6a.Adult foster care homes or community residential settings serving people
54	54	2.23with mental illness; certification.(a) The commissioner of human services shall issue a
55	55	2.24mental health certification for adult foster care homes licensed under this chapter and
56	56	2.25Minnesota Rules, parts 9555.5105 to 9555.6265, or community residential settings licensed
57	57	2.26under chapter 245D, settings that serve people with a primary diagnosis of mental illness
58	58	2.27where the home is not the primary residence of the license holder when a provider is
59	59	2.28determined to have met the requirements under paragraph (b)., if the setting is either:
60	60	2.29 (1) an adult foster care home licensed under this chapter and Minnesota Rules, parts
61	61	2.309555.5105 to 9555.6265; or
62	62	2.31 (2) a community residential setting licensed under chapter 245D.
63	63	2Sec. 3.
64	64	25-04835 as introduced03/19/25 REVISOR DTT/HL 3.1This certification is voluntary for license holders. The certification shall be printed on the
65	65	3.2license, and identified on the commissioner's public website.
66	66	3.3 (b) The requirements for certification are:
67	67	3.4 (1) all staff working in the adult foster care home or community residential setting have
68	68	3.5received at least seven hours of annual training under paragraph (c) covering all of the
69	69	3.6following topics:
70	70	3.7 (i) mental health diagnoses;
71	71	3.8 (ii) mental health crisis response and de-escalation techniques;
72	72	3.9 (iii) recovery from mental illness;
73	73	3.10 (iv) treatment options including evidence-based practices;
74	74	3.11 (v) medications and their side effects;
75	75	3.12 (vi) suicide intervention, identifying suicide warning signs, and appropriate responses;
76	76	3.13 (vii) co-occurring substance abuse and health conditions; and
77	77	3.14 (viii) community resources;
78	78	3.15 (2) a mental health professional, as defined in section 245.462, subdivision 18, or a
79	79	3.16mental health practitioner as defined in section 245.462, subdivision 17, are available for
80	80	3.17consultation and assistance;
81	81	3.18 (3) there is a protocol in place to address a mental health crisis; and
82	82	3.19 (4) there is a crisis plan for each individual that identifies who is providing clinical
83	83	3.20services and their contact information, and includes an individual crisis prevention and
84	84	3.21management plan developed with the individual.
85	85	3.22 (c) The training curriculum must be approved by the commissioner of human services
86	86	3.23and must include a testing component after training is completed. Training must be provided
87	87	3.24by a mental health professional or a mental health practitioner. Training may also be provided
88	88	3.25by an individual living with a mental illness or a family member of such an individual, who
89	89	3.26is from a nonprofit organization with a history of providing educational classes on mental
90	90	3.27illnesses approved by the Department of Human Services to deliver mental health training.
91	91	3.28Staff must receive three hours of training in the areas specified in paragraph (b), clause (1),
92	92	3.29items (i) and (ii), prior to working alone with residents. The remaining hours of mandatory
93	93	3.30training, including a review of the information in paragraph (b), clause (1), item (ii), must
94	94	3.31be completed within six months of the hire date. For programs licensed under chapter 245D,
95	95	3Sec. 3.
96	96	25-04835 as introduced03/19/25 REVISOR DTT/HL 4.1training under this section may be incorporated into the 30 hours of staff orientation required
97	97	4.2under section 245D.09, subdivision 4.
98	98	4.3 (d) License holders seeking certification under this subdivision must request this
99	99	4.4certification on forms provided by the commissioner and must submit the request to the
100	100	4.5county licensing agency in which the home or community residential setting is located. The
101	101	4.6county licensing agency must forward the request to the commissioner with a county
102	102	4.7recommendation regarding whether the commissioner should issue the certification.
103	103	4.8 (e) Ongoing compliance with the certification requirements under paragraph (b) shall
104	104	4.9be reviewed by the county licensing agency at each licensing review. When a county licensing
105	105	4.10agency determines that the requirements of paragraph (b) are not met, the county shall
106	106	4.11inform the commissioner, and the commissioner will remove the certification.
107	107	4.12 (f) A denial of the certification or the removal of the certification based on a determination
108	108	4.13that the requirements under paragraph (b) have not been met by the adult foster care or
109	109	4.14community residential setting license holder are not subject to appeal. A license holder that
110	110	4.15has been denied a certification or that has had a certification removed may again request
111	111	4.16certification when the license holder is in compliance with the requirements of paragraph
112	112	4.17(b).
113	113	4.18 Sec. 4. Minnesota Statutes 2024, section 245A.03, subdivision 7, is amended to read:
114	114	4.19 Subd. 7.Licensing moratorium.(a) The commissioner shall not issue an initial license
115	115	4.20under this chapter for child foster care licensed under Minnesota Rules, parts 2960.3000 to
116	116	4.212960.3340, which that does not include child foster residence settings with residential
117	117	4.22program certifications for compliance with the Family First Prevention Services Act under
118	118	4.23section 245A.25, subdivision 1, paragraph (a), or for a physical location that will not be the
119	119	4.24primary residence of the license holder for the entire period of licensure. The commissioner
120	120	4.25shall not issue an initial license under this chapter for adult foster care licensed under
121	121	4.26Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location
122	122	4.27that will not be the primary residence of the license holder for the entire period of licensure.
123	123	4.28If a child foster residence setting that was previously exempt from the licensing moratorium
124	124	4.29under this paragraph has its Family First Prevention Services Act certification rescinded
125	125	4.30under section 245A.25, subdivision 9, or the commissioner shall revoke the license according
126	126	4.31to section 245A.07. If a family adult foster care home license is issued during this
127	127	4.32moratorium, and the license holder changes the license holder's primary residence away
128	128	4.33from the physical location of the foster care license without first obtaining permission from
129	129	4.34the commissioner to also relocate the family adult foster care home to the license holder's
130	130	4Sec. 4.
131	131	25-04835 as introduced03/19/25 REVISOR DTT/HL 5.1new primary residence, the commissioner shall revoke the license according to section
132	132	5.2245A.07. The commissioner shall not issue an initial license for a community residential
133	133	5.3setting licensed under chapter 245D. When approving an exception under this paragraph,
134	134	5.4the commissioner shall consider the resource need determination process in paragraph (h),
135	135	5.5the availability of foster care licensed beds in the geographic area in which the licensee
136	136	5.6seeks to operate, the results of a person's choices during their annual assessment and service
137	137	5.7plan review, and the recommendation of the local county board. The determination by the
138	138	5.8commissioner is final and not subject to appeal. Exceptions to the moratorium include:
139	139	5.9 (1) a license for a person in a foster care setting that is not the primary residence of the
140	140	5.10license holder and where at least 80 percent of the residents are 55 years of age or older;
141	141	5.11 (2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
142	142	5.12community residential setting licenses replacing adult foster care licenses in existence on
143	143	5.13December 31, 2013, and determined to be needed by the commissioner under paragraph
144	144	5.14(b);
145	145	5.15 (3) new foster care licenses or community residential setting licenses determined to be
146	146	5.16needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
147	147	5.17or regional treatment center; restructuring of state-operated services that limits the capacity
148	148	5.18of state-operated facilities; or allowing movement to the community for people who no
149	149	5.19longer require the level of care provided in state-operated facilities as provided under section
150	150	5.20256B.092, subdivision 13, or 256B.49, subdivision 24; or
151	151	5.21 (4) new foster care licenses or community residential setting licenses determined to be
152	152	5.22needed by the commissioner under paragraph (b) for persons requiring hospital-level care;
153	153	5.23or.
154	154	5.24 (5) new community residential setting licenses determined necessary by the commissioner
155	155	5.25for people affected by the closure of homes with a capacity of five or six beds currently
156	156	5.26licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but
157	157	5.27not designated as intermediate care facilities. This exception is available until June 30, 2025.
158	158	5.28 (b) The commissioner shall determine the need for newly licensed foster care homes or
159	159	5.29community residential settings as defined under this subdivision. As part of the determination,
160	160	5.30the commissioner shall consider the availability of foster care capacity in the area in which
161	161	5.31the licensee seeks to operate, and the recommendation of the local county board. The
162	162	5.32determination by the commissioner must be final. A determination of need is not required
163	163	5.33for a change in ownership at the same address.
164	164	5Sec. 4.
165	165	25-04835 as introduced03/19/25 REVISOR DTT/HL 6.1 (c) When an adult resident served by the program moves out of a foster home that is not
166	166	6.2the primary residence of the license holder according to section 256B.49, subdivision 15,
167	167	6.3paragraph (f), or the or an adult community residential setting, the county shall immediately
168	168	6.4inform the Department of Human Services Licensing Division. The department may decrease
169	169	6.5the statewide licensed capacity for adult foster care settings.
170	170	6.6 (d) Residential settings that would otherwise be subject to the decreased license capacity
171	171	6.7established in paragraph (c) must be exempt if the license holder's beds are occupied by
172	172	6.8residents whose primary diagnosis is mental illness and the license holder is certified under
173	173	6.9the requirements in subdivision 6a or section 245D.33.
174	174	6.10 (e) A resource need determination process, managed at the state level, using the available
175	175	6.11data required by section 144A.351, and other data and information must be used to determine
176	176	6.12where the reduced capacity determined under section 256B.493 will be implemented. The
177	177	6.13commissioner shall consult with the stakeholders described in section 144A.351, and employ
178	178	6.14a variety of methods to improve the state's capacity to meet the informed decisions of those
179	179	6.15people who want to move out of corporate foster care or community residential settings,
180	180	6.16long-term service needs within budgetary limits, including seeking proposals from service
181	181	6.17providers or lead agencies to change service type, capacity, or location to improve services,
182	182	6.18increase the independence of residents, and better meet needs identified by the long-term
183	183	6.19services and supports reports and statewide data and information.
184	184	6.20 (f) At the time of application and reapplication for licensure, the applicant and the license
185	185	6.21holder that are subject to the moratorium or an exclusion established in paragraph (a) are
186	186	6.22required to inform the commissioner whether the physical location where the foster care
187	187	6.23will be provided is or will be the primary residence of the license holder for the entire period
188	188	6.24of licensure. If the primary residence of the applicant or license holder changes, the applicant
189	189	6.25or license holder must notify the commissioner immediately. The commissioner shall print
190	190	6.26on the foster care license certificate whether or not the physical location is the primary
191	191	6.27residence of the license holder.
192	192	6.28 (g) License holders of foster care homes identified under paragraph (f) that are not the
193	193	6.29primary residence of the license holder and that also provide services in the foster care home
194	194	6.30that are covered by a federally approved home and community-based services waiver, as
195	195	6.31authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
196	196	6.32services licensing division that the license holder provides or intends to provide these
197	197	6.33waiver-funded services.
198	198	6Sec. 4.
199	199	25-04835 as introduced03/19/25 REVISOR DTT/HL 7.1 (h) The commissioner may adjust capacity to address needs identified in section
200	200	7.2144A.351. Under this authority, the commissioner may approve new licensed settings or
201	201	7.3delicense existing settings. Delicensing of settings will be accomplished through a process
202	202	7.4identified in section 256B.493.
203	203	7.5 (i) The commissioner must notify a license holder when its corporate foster care or
204	204	7.6community residential setting licensed beds are reduced under this section. The notice of
205	205	7.7reduction of licensed beds must be in writing and delivered to the license holder by certified
206	206	7.8mail or personal service. The notice must state why the licensed beds are reduced and must
207	207	7.9inform the license holder of its right to request reconsideration by the commissioner. The
208	208	7.10license holder's request for reconsideration must be in writing. If mailed, the request for
209	209	7.11reconsideration must be postmarked and sent to the commissioner within 20 calendar days
210	210	7.12after the license holder's receipt of the notice of reduction of licensed beds. If a request for
211	211	7.13reconsideration is made by personal service, it must be received by the commissioner within
212	212	7.1420 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
213	213	7.15 (j) The commissioner shall not issue an initial license for children's residential treatment
214	214	7.16services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
215	215	7.17for a program that Centers for Medicare and Medicaid Services would consider an institution
216	216	7.18for mental diseases. Facilities that serve only private pay clients are exempt from the
217	217	7.19moratorium described in this paragraph. The commissioner has the authority to manage
218	218	7.20existing statewide capacity for children's residential treatment services subject to the
219	219	7.21moratorium under this paragraph and may issue an initial license for such facilities if the
220	220	7.22initial license would not increase the statewide capacity for children's residential treatment
221	221	7.23services subject to the moratorium under this paragraph.
222	222	7.24 Sec. 5. Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision
223	223	7.25to read:
224	224	7.26 Subd. 5.Fair notice of investigative criteria; adult foster care.The commissioner
225	225	7.27must provide specific written notice to all adult foster care license holders of all criteria the
226	226	7.28commissioner intends to use while enforcing the requirements of this chapter and chapter
227	227	7.29245D. The commissioner's written notice must include any interpretive guidance or other
228	228	7.30source of information, including government documents or other official records the
229	229	7.31commissioner or the commissioner's licensing investigators rely upon while investigating
230	230	7.32and making determinations regarding compliance with this chapter and chapter 245D. The
231	231	7.33commissioner must provide the specific written notice to all adult foster care license holders
232	232	7.34concurrent with the issuance of an initial adult foster care license under this chapter or
233	233	7Sec. 5.
234	234	25-04835 as introduced03/19/25 REVISOR DTT/HL 8.1chapter 245D at least 90 calendar days prior to the renewal of an adult foster care license
235	235	8.2under this chapter or chapter 245D and at least 90 calendar days prior to any enforcement
236	236	8.3action under this chapter.
237	237	8.4 Sec. 6. Minnesota Statutes 2024, section 245A.06, subdivision 1a, is amended to read:
238	238	8.5 Subd. 1a.Correction orders and conditional licenses for programs licensed as home
239	239	8.6and community-based services.(a) For programs licensed under both this chapter and
240	240	8.7chapter 245D, if the license holder operates more than one service site under a single license
241	241	8.8governed by chapter 245D, the order issued under this section shall be specific to the service
242	242	8.9site or sites at which the violations of applicable law or rules occurred. The order shall not
243	243	8.10apply to other service sites governed by chapter 245D and operated by the same license
244	244	8.11holder unless the commissioner has included in the order the articulable basis for applying
245	245	8.12the order to another service site.
246	246	8.13 (b) If the commissioner has issued more than one license to the license holder under this
247	247	8.14chapter, the conditions imposed under this section shall be specific to the license for the
248	248	8.15program at which the violations of applicable law or rules occurred and shall not apply to
249	249	8.16other licenses held by the same license holder if those programs are being operated in
250	250	8.17substantial compliance with applicable law and rules.
251	251	8.18 (c) For license holders suspected of violating the requirement that family adult foster
252	252	8.19care be provided in the license holder's primary residence or that the license holder be the
253	253	8.20primary caregiver, before issuing a correction order, issuing an order of conditional license,
254	254	8.21or imposing any licensing sanctions under section 245A.07, the commissioner must:
255	255	8.22 (1) review all guidance for determining a family adult foster care license holder's primary
256	256	8.23residence or status as the primary caregiver;
257	257	8.24 (2) conduct audio-recorded interviews of all persons with likely personal knowledge of
258	258	8.25the license holder's primary residence or status as primary caregiver, including residents of
259	259	8.26the family adult foster care home, the license holder, the license holder's coresiding family
260	260	8.27members, and the family members, appointed guardians, and social workers of residents of
261	261	8.28the family adult foster care home;
262	262	8.29 (3) ensure that commissioner's investigators have performed a complete and thorough
263	263	8.30investigation of the suspected violation, including investigation of all criteria identified by
264	264	8.31the commissioner pursuant to section 245A.042, subdivision 5, and all considerations set
265	265	8.32forth in section 245A.04, subdivision 6.
266	266	8Sec. 6.
267	267	25-04835 as introduced03/19/25 REVISOR DTT/HL 9.1 Sec. 7. Minnesota Statutes 2024, section 256B.4914, subdivision 6, is amended to read:
268	268	9.2 Subd. 6. Residential support services; generally.(a) For purposes of this section,
269	269	9.3residential support services includes 24-hour customized living services, community
270	270	9.4residential services, customized living services, family residential services, and integrated
271	271	9.5community supports.
272	272	9.6 (b) A unit of service for residential support services is a day. Any portion of any calendar
273	273	9.7day, within allowable Medicaid rules, where an individual spends time in a residential setting
274	274	9.8is billable as a day. The number of days authorized for all individuals enrolling in residential
275	275	9.9support services must include every day that services start and end.
276	276	9.10 (c) When the available shared staffing hours in a residential setting are insufficient to
277	277	9.11meet the needs of an individual who enrolled in residential support services after January
278	278	9.121, 2014, then individual staffing hours shall be used.
279	279	9.13 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
280	280	9.14 Sec. 8. Minnesota Statutes 2024, section 256B.4914, subdivision 19, is amended to read:
281	281	9.15 Subd. 19.Payments for family residential and life sharing services.The commissioner
282	282	9.16shall establish rates for family residential services and life sharing services based on a
283	283	9.17person's assessed need, as described in the federally-approved waiver plans. Rates for life
284	284	9.18sharing services must be ten percent higher than the corresponding family residential services
285	285	9.19rate.
286	286	9.20 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
287	287	9.21 Sec. 9. Laws 2023, chapter 61, article 1, section 47, subdivision 19, is amended to read:
288	288	9.22 Subd. 19.Payments for family residential and life sharing services.The commissioner
289	289	9.23shall establish rates for family residential services and life sharing services based on a
290	290	9.24person's assessed need, as described in the federally-approved waiver plans. Rates for life
291	291	9.25sharing services must be ten percent higher than the corresponding family residential services
292	292	9.26rate.
293	293	9.27 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
294	294	9.28 Sec. 10. Laws 2023, chapter 61, article 1, section 85, is amended to read:
295	295	9.29 Sec. 85. REPEALER.
296	296	9.30 (a) Minnesota Statutes 2022, section 256B.4914, subdivision 9a, is repealed.
297	297	9Sec. 10.
298	298	25-04835 as introduced03/19/25 REVISOR DTT/HL 10.1 (b) Minnesota Statutes 2022, section 256B.4914, subdivision 6b, is repealed.
299	299	10.2 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
300	300	10.3 Sec. 11. Laws 2023, chapter 61, article 1, section 85, the effective date, is amended to
301	301	10.4read:
302	302	10.5 EFFECTIVE DATE.Paragraph (a) This section is effective January 1, 2024, or upon
303	303	10.6federal approval, whichever is later, and paragraph (b) is effective January 1, 2026, or upon
304	304	10.7federal approval, whichever is later. The commissioner of human services shall notify the
305	305	10.8revisor of statutes when federal approval is obtained.
306	306	10.9 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
307	307	10.10Sec. 12. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
308	308	10.11REMEDIAL LICENSING OF FAMILY ADULT FOSTER CARE.
309	309	10.12 (a) Notwithstanding Minnesota Statutes, sections 245A.03, subdivision 7, and 245A.04,
310	310	10.13subdivision 7, the commissioner shall accept applications for licensure under Minnesota
311	311	10.14Statutes, chapters 245A and 245D, from former adult foster care license holders whose
312	312	10.15license to provide family adult foster care was revoked after January 1, 2022, and before
313	313	10.16July 1, 2025, on the basis of suspicion of providing services in a home that was not the
314	314	10.17license holder's primary residence or that the license holder was not the primary caregiver.
315	315	10.18The commissioner shall review, evaluate, and act on the applications as required under
316	316	10.19Minnesota Statutes, section 245A.04, except that the commissioner must not consider any
317	317	10.20prior correction orders, orders of conditional license, or sanction under Minnesota Statutes,
318	318	10.21section 245A.07, that were based on the applicant's provision of family adult foster care in
319	319	10.22a home that was not the license holder's primary residence or that the license holder was
320	320	10.23not the primary caregiver. If the commissioner determines that the applicant and the
321	321	10.24applicant's program complies with all applicable rules and laws, the commissioner shall
322	322	10.25issue a license.
323	323	10.26 (b) The deadline for submitting an application under this section is five years after the
324	324	10.27prior revocation became final.
325	325	10.28 EFFECTIVE DATE.This section is effective the day following final enactment.
326	326	10.29Sec. 13. REPEALER.
327	327	10.30 Laws 2023, chapter 61, article 1, section 32, is repealed.
328	328	10.31 EFFECTIVE DATE.This section is effective retroactively from May 25, 2023.
329	329	10Sec. 13.
330	330	25-04835 as introduced03/19/25 REVISOR DTT/HL Laws 2023, chapter 61, article 1, section 32
331	331	Sec. 32. Minnesota Statutes 2022, section 256B.4914, subdivision 6, is amended to read:
332	332	Subd. 6. Residential support services; generally.(a) For purposes of this section, residential
333	333	support services includes 24-hour customized living services, community residential services,
334	334	customized living services, family residential services, and integrated community supports.
335	335	(b) A unit of service for residential support services is a day. Any portion of any calendar day,
336	336	within allowable Medicaid rules, where an individual spends time in a residential setting is billable
337	337	as a day. The number of days authorized for all individuals enrolling in residential support services
338	338	must include every day that services start and end.
339	339	(c) When the available shared staffing hours in a residential setting are insufficient to meet the
340	340	needs of an individual who enrolled in residential support services after January 1, 2014, then
341	341	individual staffing hours shall be used.
342	342	EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
343	343	whichever is later. The commissioner of human services shall notify the revisor of statutes when
344	344	federal approval is obtained.
345	345	1R
346	346	APPENDIX
347	347	Repealed Minnesota Session Laws: 25-04835