1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to human services; modifying community first services and supports |
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3 | 3 | | 1.3 requirements for support workers to qualify for an enhanced rate; amending |
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4 | 4 | | 1.4 Minnesota Statutes 2024, section 256B.85, subdivision 16. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 256B.85, subdivision 16, is amended to read: |
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7 | 7 | | 1.7 Subd. 16.Support workers requirements.(a) Support workers shall: |
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8 | 8 | | 1.8 (1) enroll with the department as a support worker after a background study under chapter |
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9 | 9 | | 1.9245C has been completed and the support worker has received a notice from the |
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10 | 10 | | 1.10commissioner that the support worker: |
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11 | 11 | | 1.11 (i) is not disqualified under section 245C.14; or |
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12 | 12 | | 1.12 (ii) is disqualified, but has received a set-aside of the disqualification under section |
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13 | 13 | | 1.13245C.22; |
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14 | 14 | | 1.14 (2) have the ability to effectively communicate with the participant or the participant's |
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15 | 15 | | 1.15representative; |
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16 | 16 | | 1.16 (3) have the skills and ability to provide the services and supports according to the |
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17 | 17 | | 1.17participant's CFSS service delivery plan and respond appropriately to the participant's needs; |
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18 | 18 | | 1.18 (4) complete the basic standardized CFSS training as determined by the commissioner |
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19 | 19 | | 1.19before completing enrollment. The training must be available in languages other than English |
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20 | 20 | | 1.20and to those who need accommodations due to disabilities. CFSS support worker training |
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21 | 21 | | 1.21must include successful completion of the following training components: basic first aid, |
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22 | 22 | | 1.22vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-02041 as introduced01/23/25 REVISOR AGW/KR |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 815NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: FATEH) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading01/30/2025 |
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31 | 31 | | Referred to Human Services 2.1responsibilities of support workers including information about basic body mechanics, |
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32 | 32 | | 2.2emergency preparedness, orientation to positive behavioral practices, orientation to |
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33 | 33 | | 2.3responding to a mental health crisis, fraud issues, time cards and documentation, and an |
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34 | 34 | | 2.4overview of person-centered planning and self-direction. Upon completion of the training |
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35 | 35 | | 2.5components, the support worker must pass the certification test to provide assistance to |
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36 | 36 | | 2.6participants; |
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37 | 37 | | 2.7 (5) complete employer-directed training and orientation on the participant's individual |
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38 | 38 | | 2.8needs; |
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39 | 39 | | 2.9 (6) maintain the privacy and confidentiality of the participant; and |
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40 | 40 | | 2.10 (7) not independently determine the medication dose or time for medications for the |
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41 | 41 | | 2.11participant. |
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42 | 42 | | 2.12 (b) The commissioner may deny or terminate a support worker's provider enrollment |
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43 | 43 | | 2.13and provider number if the support worker: |
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44 | 44 | | 2.14 (1) does not meet the requirements in paragraph (a); |
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45 | 45 | | 2.15 (2) fails to provide the authorized services required by the employer; |
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46 | 46 | | 2.16 (3) has been intoxicated by alcohol or drugs while providing authorized services to the |
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47 | 47 | | 2.17participant or while in the participant's home; |
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48 | 48 | | 2.18 (4) has manufactured or distributed drugs while providing authorized services to the |
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49 | 49 | | 2.19participant or while in the participant's home; or |
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50 | 50 | | 2.20 (5) has been excluded as a provider by the commissioner of human services, or by the |
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51 | 51 | | 2.21United States Department of Health and Human Services, Office of Inspector General, from |
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52 | 52 | | 2.22participation in Medicaid, Medicare, or any other federal health care program. |
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53 | 53 | | 2.23 (c) A support worker may appeal in writing to the commissioner to contest the decision |
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54 | 54 | | 2.24to terminate the support worker's provider enrollment and provider number. |
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55 | 55 | | 2.25 (d) A support worker must not provide or be paid for more than 310 hours of CFSS per |
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56 | 56 | | 2.26month, regardless of the number of participants the support worker serves or the number |
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57 | 57 | | 2.27of agency-providers or participant employers by which the support worker is employed. |
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58 | 58 | | 2.28The department shall not disallow the number of hours per day a support worker works |
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59 | 59 | | 2.29unless it violates other law. |
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60 | 60 | | 2.30 (e) CFSS qualify for an enhanced rate if the support worker providing the services: |
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61 | 61 | | 2.31 (1) provides services, within the scope of CFSS described in subdivision 7, to a participant |
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62 | 62 | | 2.32who qualifies for ten or more hours per day of CFSS; and |
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63 | 63 | | 2Section 1. |
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64 | 64 | | 25-02041 as introduced01/23/25 REVISOR AGW/KR 3.1 (2) satisfies the current requirements of Medicare for training and competency or |
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65 | 65 | | 3.2competency evaluation of home health aides or nursing assistants, as provided in the Code |
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66 | 66 | | 3.3of Federal Regulations, title 42, section 483.151 or 484.36, or; alternative state-approved |
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67 | 67 | | 3.4training or competency requirements; or individualized training provided by the participant's |
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68 | 68 | | 3.5personal health care provider, the participant's worker training and development professional, |
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69 | 69 | | 3.6or the participant's responsible party on their individualized needs. |
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70 | 70 | | 3.7 EFFECTIVE DATE.This section is effective July 1, 2025, or upon federal approval, |
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71 | 71 | | 3.8whichever is later. The commissioner of human services shall notify the revisor of statutes |
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72 | 72 | | 3.9when federal approval is obtained. |
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73 | 73 | | 3Section 1. |
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74 | 74 | | 25-02041 as introduced01/23/25 REVISOR AGW/KR |
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