Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF476 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		-	~~S0476-1 1st Engrossment~~~~SF476~~ REVISOR AGW
	25	+	25-01277 as introduced12/18/24 REVISOR AGW/RC
27	26		SENATE
28	27		STATE OF MINNESOTA
29	28		S.F. No. 476NINETY-FOURTH SESSION
30	29		(SENATE AUTHORS: HOFFMAN, Utke, Abeler and Boldon)
31	30		OFFICIAL STATUSD-PGDATE
32		-	Introduction and first reading14101/21/2025
33		-	Referred to Human Services
34		-	Comm report: To pass as amended04/01/2025
35		-	Second reading 2.1responsible party or legal representative; or a family foster home where the license holder
	31	+	Introduction and first reading01/21/2025
	32	+	Referred to Human Services 2.1responsible party or legal representative; or a family foster home where the license holder
36	33		2.2lives with the recipient and is not paid to provide home care services for the recipient except
37	34		2.3as allowed under sections 256B.0652, subdivision 10, and 256B.0654, subdivision 4.
38	35		2.4 (f) (g) "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170
39	36		2.5to 9505.0475.
40	37		2.6 (g) (h) "Ventilator-dependent" means an individual who receives mechanical ventilation
41	38		2.7for life support at least six hours per day and is expected to be or has been dependent on a
42	39		2.8ventilator for at least 30 consecutive days.
43	40		2.9 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
44	41		2.10whichever is later. The commissioner of human services shall notify the revisor of statutes
45	42		2.11when federal approval is obtained.
46	43		2.12 Sec. 2. Minnesota Statutes 2024, section 256B.0651, subdivision 2, is amended to read:
47	44		2.13 Subd. 2.Services covered.Home care services covered under this section and sections
48	45		2.14256B.0652 to 256B.0654 and 256B.0659 include:
49	46		2.15 (1) nursing services under sections 256B.0625, subdivision 6a, and 256B.0653;
50	47		2.16 (2) home care nursing services under sections 256B.0625, subdivision 7, and 256B.0654;
51	48		2.17 (3) home health services under sections 256B.0625, subdivision 6a, and 256B.0653;
52	49		2.18 (4) personal care assistance services under sections 256B.0625, subdivision 19a, and
53	50		2.19256B.0659;
54	51		2.20 (5) supervision of personal care assistance services provided by a qualified professional
55	52		2.21under sections 256B.0625, subdivision 19a, and 256B.0659;
56	53		2.22 (6) face-to-face assessments by county public health nurses for personal care assistance
57	54		2.23services under sections 256B.0625, subdivision 19a, and 256B.0659; and
58	55		2.24 (7) service updates and review reviews by county public health nurses of temporary
59	56		2.25increases for personal care assistance services by the county public health nurse for services
60	57		2.26under sections 256B.0625, subdivision 19a, and 256B.0659.; and
61	58		2.27 (8) care evaluations under sections 256B.0625, subdivisions 6a and 7, 256B.0653, and
62	59		2.28256B.0654.
63	60		2.29 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
64	61		2.30whichever is later. The commissioner of human services shall notify the revisor of statutes
65	62		2.31when federal approval is obtained.
66	63		2Sec. 2.
67		-	~~S0476-1 1st Engrossment~~~~SF476~~ REVISOR AGW 3.1 Sec. 3. Minnesota Statutes 2024, section 256B.0652, subdivision 11, is amended to read:
	64	+	25-01277 as introduced12/18/24 REVISOR AGW/RC 3.1 Sec. 3. Minnesota Statutes 2024, section 256B.0652, subdivision 11, is amended to read:
68	65		3.2 Subd. 11.Limits on services without authorization.During a calendar year, a recipient
69	66		3.3may receive the following home care services during a calendar year without authorization:
70	67		3.4 (1) up to two face-to-face assessments to determine a recipient's need for personal care
71	68		3.5assistance services;
72	69		3.6 (2) one service update done to determine a recipient's need for personal care assistance
73	70		3.7services; and
74	71		3.8 (3) up to nine face-to-face visits that must include only skilled nurse visits or care
75	72		3.9evaluations.
76	73		3.10 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
77	74		3.11whichever is later. The commissioner of human services shall notify the revisor of statutes
78	75		3.12when federal approval is obtained.
79	76		3.13 Sec. 4. Minnesota Statutes 2024, section 256B.0653, subdivision 1, is amended to read:
80	77		3.14 Subdivision 1.Scope.This section applies to home health agency services including
81	78		3.15home health aide, skilled nursing visits, physical therapy, occupational therapy, respiratory
82	79		3.16therapy, and speech-language pathology therapy, and care evaluations.
83	80		3.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
84	81		3.18whichever is later. The commissioner of human services shall notify the revisor of statutes
85	82		3.19when federal approval is obtained.
86	83		3.20 Sec. 5. Minnesota Statutes 2024, section 256B.0653, subdivision 6, is amended to read:
87	84		3.21 Subd. 6.Noncovered home health agency services.The following are not eligible for
88	85		3.22payment under medical assistance as a home health agency service:
89	86		3.23 (1) telehomecare skilled nurses services that is communication between the home care
90	87		3.24nurse and recipient that consists solely of a telephone conversation, facsimile, electronic
91	88		3.25mail, or a consultation between two health care practitioners;
92	89		3.26 (2) the following skilled nurse visits:
93	90		3.27 (i) for the purpose of monitoring medication compliance with an established medication
94	91		3.28program for a recipient;
95	92		3.29 (ii) administering or assisting with medication administration, including injections,
96	93		3.30prefilling syringes for injections, or oral medication setup of an adult recipient, when, as
97	94		3Sec. 5.
98		-	~~S0476-1 1st Engrossment~~~~SF476~~ REVISOR AGW 4.1determined and documented by the registered nurse, the need can be met by an available
	95	+	25-01277 as introduced12/18/24 REVISOR AGW/RC 4.1determined and documented by the registered nurse, the need can be met by an available
99	96		4.2pharmacy or the recipient or a family member is physically and mentally able to
100	97		4.3self-administer or prefill a medication;
101	98		4.4 (iii) services done for the sole purpose of supervision of the home health aide or personal
102	99		4.5care assistant;
103	100		4.6 (iv) services done for the sole purpose to train other home health agency workers;
104	101		4.7 (v) services done for the sole purpose of blood samples or lab draw when the recipient
105	102		4.8is able to access these services outside the home; and
106	103		4.9 (vi) Medicare evaluation or administrative nursing visits required by Medicare, except
107	104		4.10as provided in subdivision 9, paragraph (a);
108	105		4.11 (3) home health aide visits when the following activities are the sole purpose for the
109	106		4.12visit: companionship, socialization, household tasks, transportation, and education;
110	107		4.13 (4) home care therapies provided in other settings such as a clinic or as an inpatient or
111	108		4.14when the recipient can access therapy outside of the recipient's residence; and
112	109		4.15 (5) home health agency services without qualifying documentation of a face-to-face
113	110		4.16encounter as specified in subdivision 7.
114	111		4.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
115	112		4.18whichever is later. The commissioner of human services shall notify the revisor of statutes
116	113		4.19when federal approval is obtained.
117	114		4.20 Sec. 6. Minnesota Statutes 2024, section 256B.0653, is amended by adding a subdivision
118	115		4.21to read:
119	116		4.22 Subd. 9.Care evaluations.(a) Notwithstanding the coverage limitation in subdivision
120	117		4.236, clause (2), item (vi), medical assistance covers care evaluations as a home health service
121	118		4.24under section 256B.0625, subdivision 6a, provided that the recipient's home health services
122	119		4.25are not covered under the Medicare program or any other insurance held by the recipient.
123	120		4.26 (b) The reimbursement rate for care evaluations under this section must equal 300 percent
124	121		4.27of the medical assistance reimbursement rate for a skilled nursing visit.
125	122		4.28 (c) Care evaluations under this section must occur during a start-of-care visit, a
126	123		4.29resumption-of-care visit, or a recertification visit. Care evaluations under this section must
127	124		4.30be provided by a registered nurse whenever the recipient's plan of care involves nursing
128	125		4.31tasks or medically oriented tasks requiring skilled nursing visits or home health aide visits.
129	126		4Sec. 6.
130		-	~~S0476-1 1st Engrossment~~~~SF476~~ REVISOR AGW 5.1If the service recipient's plan of care involves only home care therapy, an appropriate therapist
	127	+	25-01277 as introduced12/18/24 REVISOR AGW/RC 5.1If the service recipient's plan of care involves only home care therapy, an appropriate therapist
131	128		5.2may conduct a care evaluation under this section.
132	129		5.3 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
133	130		5.4whichever is later. The commissioner of human services shall notify the revisor of statutes
134	131		5.5when federal approval is obtained.
135	132		5.6 Sec. 7. Minnesota Statutes 2024, section 256B.0654, is amended by adding a subdivision
136	133		5.7to read:
137	134		5.8 Subd. 6.Care evaluations.(a) Medical assistance covers care evaluations as a home
138	135		5.9care nursing service under section 256B.0625, subdivision 7, provided the recipient's home
139	136		5.10care nursing services are not covered by the Medicare program or any other insurance held
140	137		5.11by the recipient.
141	138		5.12 (b) The reimbursement rate for care evaluations under this section must equal 300 percent
142	139		5.13of the medical assistance reimbursement rate for a skilled nursing visit.
143	140		5.14 (c) Care evaluations under this section must occur during a start-of-care visit, a
144	141		5.15resumption-of-care visit, or a recertification visit. Care evaluations under this section must
145	142		5.16be provided by a registered nurse.
146	143		5.17 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
147	144		5.18whichever is later. The commissioner of human services shall notify the revisor of statutes
148	145		5.19when federal approval is obtained.
149	146		5.20 Sec. 8. RATE INCREASE FOR CERTAIN HOME CARE SERVICES.
150	147		5.21 (a) The commissioner of human services shall increase payment rates for home health
151	148		5.22agency services under Minnesota Statutes, section 256B.0653, by ... percent from the rates
152	149		5.23in effect on December 31, 2025.
153	150		5.24 (b) The commissioner of human services shall increase payment rates for home care
154	151		5.25nursing under Minnesota Statutes, section 256B.0651, subdivision 2, clause (2), by ... percent
155	152		5.26from the rates in effect on December 31, 2025.
156	153		5.27 (c) The commissioner of human services shall increase payment rates established under
157	154		5.28Minnesota Statutes, sections 256S.21 to 256S.215, for homemaker assistance with personal
158	155		5.29care, homemaker cleaning, and homemaker home management by ... percent from the rates
159	156		5.30in effect on December 31, 2025.
160	157		5Sec. 8.
161		-	~~S0476-1 1st Engrossment~~~~SF476~~ REVISOR AGW 6.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
	158	+	25-01277 as introduced12/18/24 REVISOR AGW/RC 6.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,
162	159		6.2whichever is later. The commissioner of human services shall notify the revisor of statutes
163	160		6.3when federal approval is obtained.
164		-	6.4 Sec. 9. HOME CARE PRECEPTOR GRANT PROGRAM.
165		-	6.5 Subdivision 1.Establishment.The commissioner of human services must establish a
166		-	6.6onetime grant program for incentive compensation and benefits for home care nurse
167		-	6.7employees who serve as a preceptor of a nursing student.
168		-	6.8 Subd. 2.Eligible grant recipients.Only home care providers licensed under Minnesota
169		-	6.9Statutes, chapter 144A, are eligible grant recipients under this section.
170		-	6.10 Subd. 3.Allowable uses.Grant money must be directed toward employees providing
171		-	6.11home care services licensed under Minnesota Statutes, chapter 144A. The only allowable
172		-	6.12use of grant money is incentive compensation and benefits for home care nurse employees
173		-	6.13who serve as a preceptor of a nursing student.
174		-	6.14 Subd. 4.Selection process.The commissioner shall select grantees based on information
175		-	6.15submitted in a grant proposal in a format as determined by the commissioner. The
176		-	6.16commissioner shall take into account relevant factors including the demonstrated need for
177		-	6.17an award for preceptors, the percentage of an organization's clients that are enrolled in
178		-	6.18medical assistance and MinnesotaCare, statewide geographical distribution of awarded
179		-	6.19grants, and other criteria as determined by the commissioner.
180		-	6.20 Subd. 5.Report.By July 1, 2028, each grant recipient must submit a report to the
181		-	6.21commissioner that includes details of how the grant money was distributed.
182		-	6.22 Subd. 6.Expiration.Subdivisions 1 to 4 expire January 1, 2028. This subdivision and
183		-	6.23subdivision 5 expire July 1, 2028.
184		-	6.24 Sec. 10. APPROPRIATION; HOME CARE PRECEPTOR GRANT PROGRAM.
185		-	6.25 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
186		-	6.26human services for the home care preceptor grant program. This is a onetime appropriation
187		-	6.27and is available until June 30, 2028.
188		-	6Sec. 10.
189		-	S0476-1 1st EngrossmentSF476 REVISOR AGW
	161	+	6.4 Sec. 9. HOME CARE CAREERS AWARENESS BUILDING; RECRUITMENT
	162	+	6.5AND RETENTION GRANT PROGRAM.
	163	+	6.6 Subdivision 1.Establishment.The commissioner of human services must establish a
	164	+	6.7onetime grant program to support the implementation of activities focused on home care
	165	+	6.8staff recruitment and home care staff retention.
	166	+	6.9 Subd. 2.Eligible grant recipients.Only home care providers licensed under Minnesota
	167	+	6.10Statutes, chapter 144A, are eligible grant recipients under this section.
	168	+	6.11 Subd. 3.Allowable uses.Grant money must be directed toward employees providing
	169	+	6.12home care services licensed under Minnesota Statutes, chapter 144A. Allowable uses of
	170	+	6.13grant money include but are not limited to:
	171	+	6.14 (1) loan forgiveness and scholarships for employees' further education in nursing or
	172	+	6.15physical therapy;
	173	+	6.16 (2) employee retention payments based on years of service;
	174	+	6.17 (3) incentive compensation and benefits for nurse employees who serve as a preceptor
	175	+	6.18of a nursing student; and
	176	+	6.19 (4) other activities approved by the commissioner.
	177	+	6.20 Subd. 4.Distribution of grant money.Grants must be distributed no later than January
	178	+	6.211, 2026.
	179	+	6.22 Subd. 5.Report.By July 1, 2028, grant recipients must submit a report to the
	180	+	6.23commissioner that includes a description of how grant money was used.
	181	+	6.24 Subd. 6.Expiration.Subdivisions 1 to 4 expire January 1, 2028. This subdivision and
	182	+	6.25subdivision 5 expire July 1, 2028.
	183	+	6Sec. 9.
	184	+	25-01277 as introduced12/18/24 REVISOR AGW/RC