1.1 A bill for an act
1.2 relating to human services;
modifying the requirements for Waiver Reimagine;
1.3 establishing the Legislative
Task Force on Waiver Reimagine; making
1.4 appointments; requiring a
report;amending Laws 2021, First Special Session
1.5 chapter 7, article 13,
section 75, subdivisions 4, as amended, 5, as amended.
1.6 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Laws 2021, First
Special Session chapter 7, article 13, section 75, subdivision
1.8 4, as amended by Laws 2024,
chapter 108, article 1, section 28, is amended to read:
1.9 Subd. 4.Required
report. Prior to seeking federal approval for any aspect of waiver
1.10 reimagine phase II and no
later than December 15, 2026, in collaboration with the Waiver
1.11 Reimagine Advisory Committee,
the commissioner must submit to the chairs and ranking
1.12 minority members of the
legislative committees and divisions with jurisdiction over health
1.13 and human services a report on
plans for waiver reimagine phase II, as well as the actual
1.14 Waiver Reimagine plan
intended to be submitted for federal approval. The report must also
1.15 include any plans to adjust or
modify the streamlined menu of services, the existing rate or
1.16 budget exemption
criteria or process, the proposed individual budget ranges based on
need
1.17 and not location of
services, including additional budget resources beyond the resources
1.18 required to meet assessed
need that may be necessary for the individual to live in the least
1.19 restrictive environment,
and the role of MnCHOICES 2.0 assessment tool in determining
1.20 service needs and individual budget
ranges budgets.
2.1 Sec. 2. Laws 2021, First
Special Session chapter 7, article 13, section 75, subdivision 5,
2.2 as amended by Laws 2024,
chapter 108, article 1, section 28, is amended to read:
2.3 Subd. 5.Transition
process. (a) Prior to implementation of wavier reimagine phase II,
2.4 the commissioner must
establish a process to assist people who use waiver services and
2.5 lead agencies to transition
to a two-waiver system with an individual budget methodology.
2.6 (b) The commissioner must
ensure that the new waiver service menu and individual
2.7 budgets allow people to live
in their own home, family home, or any home and
2.8 community-based setting of
their choice, including ensuring that the assessment tool used
2.9 to set individual
budgets covers necessary services and resources to live in the least
restrictive
2.10 environment. The
commissioner must ensure, subject to state and federal regulations and
2.11 law, that waiver reimagine does
not result in unintended service disruptions. The
2.12 commissioner must ensure
that individual budgets are set based on the needs of the individual
2.13 and not tied to location
of services, including additional resources beyond the resources
2.14 required to meet
assessed need that may be necessary for the individual to live in the least
2.15 restrictive environment.
2.16 Sec. 3. DIRECTION TO
COMMISSIONER OF HUMAN SERVICES; INPUT ON
2.17 WAIVER REIMAGINE
PLAN.
2.18 (a) Notwithstanding Laws 2021, First Special Session chapter
7, article 13, section 75,
2.19 as amended by Laws 2024,
chapter 108, article 1, section 28, and this act, prior to seeking
2.20 federal approval for a
Waiver Reimagine plan or implementation of the same, the
2.21 commissioner of human
services must first submit the Waiver Reimagine plan to the
2.22 Legislative Task Force
on Waiver Reimagine, to the legislature, and to all waiver service
2.23 recipients in a specific
communication directly to the recipients in a format the recipient
2.24 can retrieve, allowing
at least six months for review and input and for the commissioner to
2.25 make any changes to the
plan as a result of the input.
2.26 (b) The commissioner of
human services shall not submit the Waiver Reimagine plan
2.27 for federal approval
without first receiving approval from the Legislative Task Force on
2.28 Waiver Reimagine.
2.29 Sec. 4. LEGISLATIVE TASK
FORCE ON WAIVER REIMAGINE.
2.30 Subdivision 1.Membership. (a)
The Legislative Advisory Task Force on Waiver
2.31 Reimagine consists of
the following members:
3.1 (1) one member of the
house of representatives, appointed by the speaker of the house
3.2 of representatives;
3.3 (2) one member of the
house of representatives, appointed by the leader of the house of
3.4 representatives
Democratic-Farmer-Labor caucus;
3.5 (3) one member of the
senate, appointed by the senate majority leader;
3.6 (4) one member of the
senate, appointed by the senate minority leader;
3.7 (5) four individuals
presently receiving waiver benefits who are under the age of 65,
3.8 appointed by the
Legislative Coordinating Commission. When making the appointments
3.9 under this clause, the
Legislative Coordinating Commission must strive to appoint at least
3.10 one individual from greater
Minnesota and at least one individual assessed to receive ten
3.11 or more hours of waiver
services per day;
3.12 (6) one county employee
who conducts long-term care consultation services assessments
3.13 for persons under the
age of 65, appointed by the Minnesota Association of County Social
3.14 Services Administrators;
3.15 (7) one employee of an
organization that operates on behalf of a county as a contracted
3.16 case manager to
individuals under age 65 receiving waiver services, appointed by the
3.17 Legislative Coordinating
Commission;
3.18 (8) one representative
of the Department of Human Services with knowledge of the
3.19 requirements for a
provider to participate in waiver service programs and of the
3.20 administration of benefits,
appointed by the commissioner of human services;
3.21 (9) one employee of the
Minnesota Council on Disability, appointed by the Minnesota
3.22 Council on Disability;
3.23 (10) one member each
from two different disability advocacy organizations, appointed
3.24 by the Legislative
Coordinating Commission. When making the appointment under this
3.25 clause, the Legislative
Coordinating Commission must strive to appoint a member from a
3.26 self-advocate
organization;
3.27 (11) two family members
of individuals under the age of 18 who are receiving waivered
3.28 services, appointed by
the Legislative Coordinating Commission. When making the
3.29 appointments under this
clause, the Legislative Coordinating Commission must strive to
3.30 appoint at least one
member from greater Minnesota;
3.31 (12) two family members
of individuals aged 18 or older and under age 65 who are
3.32 receiving waivered
services, appointed by the Legislative Coordinating Commission. When
4.1 making the appointments
under this clause, the Legislative Coordinating Commission must
4.2 strive to appoint at
least one member from greater Minnesota;
4.3 (13) two providers of
waivered services for persons who are under the age of 65,
4.4 appointed by the
Legislative Coordinating Commission. When making the appointments
4.5 under this clause, the
Legislative Coordinating Commission must strive to appoint at least
4.6 one member from
greater Minnesota;
4.7 (14) one member
appointed by the Minnesota Indian Affairs Council;
4.8 (15) one member of the
Council on Developmental Disabilities, appointed by the
4.9 executive director of
the council;
4.10 (16) one employee from
the Office of Ombudsman for Mental Health and Developmental
4.11 Disabilities, appointed
by the ombudsman;
4.12 (17) one employee from
the Office of Ombudsman for Long Term Care, appointed by
4.13 the ombudsman;
4.14 (18) one employee from
the Olmstead Implementation Office, appointed by the director
4.15 of the office;
4.16 (19) one member of a
behavioral health advocacy organization that advocates on behalf
4.17 of recipients of waiver
services, appointed by the Legislative Coordinating Commission;
4.18 (20) one provider of
behavioral health services to recipients of waiver services, appointed
4.19 by the Legislative
Coordinating Commission;
4.20 (21) one member from the
Home Care Association, appointed by the Legislative
4.21 Coordinating Commission;
4.22 (22) an employee of the
Department of Human Services that is a leader of the Advisory
4.23 Committee on Waiver
Reimagine, appointed by the commissioner of human services;
4.24 (23) a member
representing the interests of individuals from the Black, Indigenous, and
4.25 People of Color
community who are under the age of 65 and receiving waiver services,
4.26 appointed by the
Legislative Coordinating Commission;
4.27 (24) the assistant
commissioner of aging and disability services;
4.28 (25) two current public
members of the Advisory Committee on Waiver Reimagine,
4.29 appointed by the
Legislative Coordinating Commission; and
4.30 (26) a member of the
Minnesota Disability Law Center, appointed by the executive
4.31 director of
Mid-Minnesota Legal Aid.
5.1 (b) Each appointing
authority must make its appointments by September 30, 2025.
5.2 Appointments made by
an agency or commissioner may also be made by a designee.
5.3 (c) The Legislative
Coordinating Commission will serve as convener of the task force.
5.4 The convener must
designate a member or members of the legislature serving on the task
5.5 force to serve as
chair or cochairs.
5.6 Subd.
2.Meetings; administrative support. The first meeting of the task
force must
5.7 be convened no later
than November 30, 2025. The task force must meet at least quarterly.
5.8 Meetings are subject
to Minnesota Statutes, chapter 13D. The task force may meet by
5.9 telephone or
interactive technology consistent with Minnesota Statutes, section 13D.015.
5.10 The Legislative
Coordinating Commission shall provide meeting space and administrative
5.11 and research support to
the task force.
5.12 Subd. 3.Duties.
(a) The task force must make findings and recommendations related
5.13 to Waiver Reimagine in
Minnesota, including but not limited to the following:
5.14 (1) consolidation of the
existing four disability home and community-based waiver
5.15 service programs into
two waiver programs;
5.16 (2) budgets based on the
needs of the individual that are not tied to location of services,
5.17 including additional
resources beyond the resources required to meet assessed needs that
5.18 may be necessary for the
individual to live in the least restrictive environment;
5.19 (3) individual budget
methodologies, including methodologies that account for multiple
5.20 budget setting factors
such as assessed need; history of authorized budgets; history of budget
5.21 utilization limited by
unavailability of services, staff, and other factors; history of
5.22 hospitalizations;
proximity of services; and availability of services, including transportation;
5.23 (4) criteria and process
for provider rate exceptions and individualized budget exceptions;
5.24 (5) appropriate
assessments, including the MnCHOICES 2.0 assessment tool, in
5.25 determining service
needs and individualized budgets;
5.26 (6) covered services
under each waiver program, including any proposed adjustments
5.27 to the menu of services;
5.28 (7) application process
waiver services;
5.29 (8) service planning and
authorization process for waiver services;
5.30 (9) process of a
provider applying for and offering waivered services;
6.1 (10) plan of support,
financial and otherwise, to live in the person's own home and in
6.2 the most integrated
setting as defined under Title 2 of the Americans with Disability Act
6.3 (ADA) Integration Mandate
and in Minnesota's Olmstead Plan;
6.4 (11) program structure
not based on where an individual receiving waivered services
6.5 lives, but rather the
support needs of the individual regardless of location;
6.6 (12) intended and
unintended consequences of Waiver Reimagine; and
6.7 (13) other items
related to Waiver Reimagine as necessary.
6.8 (b) The task force
must seek input from the public, counties, persons receiving waivered
6.9 services, families of
persons receiving waivered services, providers, state agencies, advocacy
6.10 groups, and attorneys.
The task force must hold public meetings to gather information to
6.11 fulfill the purpose of
the task force. The meetings must be accessible by remote participants.
6.12 The Department of Human
Services shall provide relevant data and research to the task
6.13 force to facilitate
their work.
6.14 Subd. 4.Compensation;
expenses. Members of the task force may receive compensation
6.15 and expense
reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
6.16 3.
6.17 Subd. 5.Report;
expiration. The task force shall submit a report to the chairs and
6.18 ranking minority members
of the legislative committees with jurisdiction over waiver
6.19 services no later than
January 15, 2027. The report required by the Waiver Reimagine
6.20 Advisory Committee in
subdivision 4 of Laws 2021, First Special Session chapter 7, article
6.21 13, section 75, as
amended by Laws 2024, chapter 108, article 1, section 28, and this act,
6.22 must be presented to the
Legislative Task Force prior to December 15, 2026. The task force
6.23 report required under
this subdivision must describe any concerns or recommendations
6.24 related to Waiver
Reimagine as identified by the task force.
6.25 Subd. 6.Expiration.
The task force expires upon submission of its report, or December
6.26 31, 2027, whichever is
earlier.
6.27 EFFECTIVE DATE. This
section is effective the day following final enactment.
