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