Signed by Governor Tim Walz

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes and amends various provisions related to state human services in Minnesota.

Highlights:

• Amends the circumstances under which a provider may temporarily suspend or terminate services for nonpayment to conform to the standards that apply to assisted living facilities, which allow 60 days of nonpayment from a public source before service suspensions are permitted (Art. 1).

• Requires integrated community support providers to separate a client’s payments to the provider from the provider’s other revenue (Art. 1).

• Amends the definition of “community-living setting” to specify that a community-living setting does not include a setting that is controlled by the provider of the services an individual is receiving while living in that setting (Art. 1).

• Authorizes the reinstatement of the existing moratoria on new licenses for child foster care, adult foster care, community residential settings, and children’s residential treatment services (Art. 2).

• Establishes a 90-day grace period for a licensed provider of home and community-based services for its staff to complete annual training (Art. 2).

• Authorizes a Tribal Nation to establish qualifications for certified MnCHOICES assessors and targeted case management (Art. 2).

• Authorizes a Tribal Nation to contract with targeted case management providers (Art. 2).

• Expands the list of entities with which the commissioner must consult when developing quality measures for targeted case management to include Tribal Nations (Art. 2).

• Repeals the daily limit of six hours per day for individualized home supports with training and replacing that limit with a monthly limit (Art. 2).

• Amends the definition of “residing in a facility” to permit a resident who is temporarily absent from a facility to be included in the calculation used to establish eligibility for the disproportionate share facility rate adjustment (Art. 2).

• Amends existing and establishes new regulations to ensure compliance with the new federal Adult Protective Services rule (Art. 2).

• Requires the commissioner of human services to develop and submit to the legislature by September 2027 recommendations to establish programs to support individuals experiencing or at risk of homelessness to obtain and maintain safe and stable housing (Art. 2).

• Prohibits Optum from selling, sharing, or disseminating any private data on individuals it received when engaged by the Department of Human Services (Art. 2).

• Exempts weekends and holidays from the calculation of the five days required for an alcohol and drug counselor to complete a service discharge summary following a client’s discharge from residential substance use disorder treatment (Art. 3).

• Amends the date by which all recovery community organizations must be certified from June 30, 2027 to June 30, 2026 (Art. 3).

• Requires vendors of substance use disorder treatment to submit 10% of all medical assistance and behavioral health fund claims for a determination of medical necessity (Art. 3).

• Authorizes the commissioner to seek monetary recovery for substance use disorder treatment services that are not provided in accordance with the requirements of chapter 245G (Art. 3).

• Requires peer recovery support services provided by a Tribally licensed substance use disorder treatment program to be provided according to a treatment plan (Art. 3).

• Limits an individual client to 14 hours per week for peer recovery support services from an individual provider of peer recovery support services (Art. 3).

• Repeals and replaces the authority of the commissioner of human services with the direct care and treatment executive board for purposes of tort claims arising from negligent loss, damage, or destruction of property of a patient of a state institution under the control of the direct care and treatment executive board (Art. 4).

• Authorizes the data practices compliance official of Direct Care and Treatment (DCT) to delegate authority to receive and respond to challenges to the accuracy or completeness of data maintained about a civilly committed sex offender (Art. 4).

• Exempts DCT from the restrictions on disclosure of data found in the Minnesota Health Records Act (Art. 4).

• Specifies procedures for making health care decisions on behalf of a patient in a state-operated treatment program when the program cannot locate a proper relative and the patient lacks the decisionmaking capacity to consent to medical treatment (Art. 4).

• Increases the length of time a civilly committed person may voluntarily return from a nonsecure transfer facility or provisional discharge to a secure treatment facility for treatment (Art. 4).

• Requires a hospital to document in a patient’s discharge plan instances of the use of restraints (Art. 5).

• Prohibits a nursing home from requiring a current or prospective resident to have or obtain a guardian or conservator as a condition of admission or continued residence (Art. 5).

• Specifies that after a change of ownership of an assisted living facility, the new owner is responsible for any unpaid fines (Art. 5).

• Requires assisted living facilities to provide prospective residents with a copy of all correction orders, fines, and complaint investigations in the prior three years (Art. 5).

• Requires all assisted living facilities to maintain a log of resident requests for assistance and staff responses to each request (Art. 5).

• Requires all assisted living facilities to have policies and procedures to address a medical emergency and to ensure a person trained to respond to medical emergencies is on site at all times (Art. 5).

• Requires all assisted living facilities to train all unlicensed personnel on the procedures to follow in a medical emergency (Art. 5).

• Requires an assisted living facility to ensure that staff authorized to use manual restraints receive at least 4 hours of training in the specified topics related to the use of manual restraints (Art. 5).

• Authorizes the use of purple paint applied to trees in lieu of “No Trespass” signs (Art. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes and amends various provisions related to state human services in Minnesota.

Highlights:

• Amends the circumstances under which a provider may temporarily suspend or terminate services for nonpayment to conform to the standards that apply to assisted living facilities, which allow 60 days of nonpayment from a public source before service suspensions are permitted (Art. 1).

• Requires integrated community support providers to separate a client’s payments to the provider from the provider’s other revenue (Art. 1).

• Amends the definition of “community-living setting” to specify that a community-living setting does not include a setting that is controlled by the provider of the services an individual is receiving while living in that setting (Art. 1).

• Authorizes the reinstatement of the existing moratoria on new licenses for child foster care, adult foster care, community residential settings, and children’s residential treatment services (Art. 2).

• Establishes a 90-day grace period for a licensed provider of home and community-based services for its staff to complete annual training (Art. 2).

• Authorizes a Tribal Nation to establish qualifications for certified MnCHOICES assessors and targeted case management (Art. 2).

• Authorizes a Tribal Nation to contract with targeted case management providers (Art. 2).

• Expands the list of entities with which the commissioner must consult when developing quality measures for targeted case management to include Tribal Nations (Art. 2).

• Repeals the daily limit of six hours per day for individualized home supports with training and replacing that limit with a monthly limit (Art. 2).

• Amends the definition of “residing in a facility” to permit a resident who is temporarily absent from a facility to be included in the calculation used to establish eligibility for the disproportionate share facility rate adjustment (Art. 2).

• Amends existing and establishes new regulations to ensure compliance with the new federal Adult Protective Services rule (Art. 2).

• Requires the commissioner of human services to develop and submit to the legislature by September 2027 recommendations to establish programs to support individuals experiencing or at risk of homelessness to obtain and maintain safe and stable housing (Art. 2).

• Prohibits Optum from selling, sharing, or disseminating any private data on individuals it received when engaged by the Department of Human Services (Art. 2).

• Exempts weekends and holidays from the calculation of the five days required for an alcohol and drug counselor to complete a service discharge summary following a client’s discharge from residential substance use disorder treatment (Art. 3).

• Amends the date by which all recovery community organizations must be certified from June 30, 2027 to June 30, 2026 (Art. 3).

• Requires vendors of substance use disorder treatment to submit 10% of all medical assistance and behavioral health fund claims for a determination of medical necessity (Art. 3).

• Authorizes the commissioner to seek monetary recovery for substance use disorder treatment services that are not provided in accordance with the requirements of chapter 245G (Art. 3).

• Requires peer recovery support services provided by a Tribally licensed substance use disorder treatment program to be provided according to a treatment plan (Art. 3).

• Limits an individual client to 14 hours per week for peer recovery support services from an individual provider of peer recovery support services (Art. 3).

• Repeals and replaces the authority of the commissioner of human services with the direct care and treatment executive board for purposes of tort claims arising from negligent loss, damage, or destruction of property of a patient of a state institution under the control of the direct care and treatment executive board (Art. 4).

• Authorizes the data practices compliance official of Direct Care and Treatment (DCT) to delegate authority to receive and respond to challenges to the accuracy or completeness of data maintained about a civilly committed sex offender (Art. 4).

• Exempts DCT from the restrictions on disclosure of data found in the Minnesota Health Records Act (Art. 4).

• Specifies procedures for making health care decisions on behalf of a patient in a state-operated treatment program when the program cannot locate a proper relative and the patient lacks the decisionmaking capacity to consent to medical treatment (Art. 4).

• Increases the length of time a civilly committed person may voluntarily return from a nonsecure transfer facility or provisional discharge to a secure treatment facility for treatment (Art. 4).

• Requires a hospital to document in a patient’s discharge plan instances of the use of restraints (Art. 5).

• Prohibits a nursing home from requiring a current or prospective resident to have or obtain a guardian or conservator as a condition of admission or continued residence (Art. 5).

• Specifies that after a change of ownership of an assisted living facility, the new owner is responsible for any unpaid fines (Art. 5).

• Requires assisted living facilities to provide prospective residents with a copy of all correction orders, fines, and complaint investigations in the prior three years (Art. 5).

• Requires all assisted living facilities to maintain a log of resident requests for assistance and staff responses to each request (Art. 5).

• Requires all assisted living facilities to have policies and procedures to address a medical emergency and to ensure a person trained to respond to medical emergencies is on site at all times (Art. 5).

• Requires all assisted living facilities to train all unlicensed personnel on the procedures to follow in a medical emergency (Art. 5).

• Requires an assisted living facility to ensure that staff authorized to use manual restraints receive at least 4 hours of training in the specified topics related to the use of manual restraints (Art. 5).

• Authorizes the use of purple paint applied to trees in lieu of “No Trespass” signs (Art. 6).

Full Bill Text