Health and Human Service Policy Bill Changes Impacting Providers

ARRM previously shared the news of the Health and Human Service Omnibus bill passing and being signed into law by Governor Walz during the June special session. Provisions in that bill will go into place on August 1^st, 2020.

Below, please find some updated information on items that we previously reported on, as well as a more in-depth look at other provisions included in the bill that will have an impact on ARRM members.

Items Previously Reported On:

• ARRM Provisions
  • 5^th bed exception extension
    • Extends the exception for adding a fifth person to a home to December 31, 2020. Also changes the date to which a provider must be licensed before adding a fifth bed from 2011 to 2016.
  • Changes the timeline for the 45 Day planning meetings
    • Allows for 60 calendar days or 45 days of service, whichever is shorter, before needing to have the initial 45 day service planning meeting.
  • Allows the Designated Coordinator to delegate the determination of competency and training of items in a CSSP addendum to someone previously deemed competent
• Sexual Violence Training
  • Creates a new orientation and annual training requirement on sexual violence prevention within 245D
    • For staff hired on or after August 1^st, 2020 is the expectation that they will receive this training requirement as part of their orientation
    • For existing staff prior to August 1^st, 2020 they will have until July 31, 2021 to receive this training
  • Disability Policy Statements
    • Independent Living First: “It is the policy of this state that all adult Minnesotans with disabilities can and want to live independently with proper supports and services; and that each adult Minnesotan with a disability be offered the opportunity to live as independently as possible before being offered supports and services in provider-controlled settings.”
    • Employment First: “It is the policy of this state that all working-age Minnesotans with disabilities can work, want to work, and can achieve competitive integrated employment, and that each working-age Minnesotan with a disability be offered the opportunity to work and earn a competitive wage before being offered other supports and services.”
    • Self-Direction First: “It is the policy of this state that adult Minnesotans with disabilities and families of children with disabilities can and want to use self-directed services and supports; and that each adult Minnesotan with a disability and each family of the child with a disability be offered the opportunity to choose self-directed services and supports before being offered services and supports that are not self-directed.”

Other Items to take Note of:

• New Discussion Topics During 45 Day Meeting
  • Opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests and preferences
  • Opportunities for community access, participation, and inclusion in preferred community activities
  • Opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community
  • Opportunities to seek competitive employment and work at competitively paying jobs in the community
• Adds other people as identified by the individual or the individual’s legal representative to attend annual meetings
• Requires annual conversation about transitioning from a provider controlled setting and requires documentation of that conversation in the CSSP Addendum
  • The discussion must focus on options for transitioning out of a community setting controlled by a provider and into a setting not controlled by a provider. The CSSP addendum must include a summary of the discussion, a statement about any decision made regarding transitioning out of a provider-controlled setting and a description of any further research or education that must be completed before a decision regarding transitioning out or a provider-controlled setting can be made.
• New Case Manager Requirements
  • Inform individuals of all services available
    • New language states that along with informing the individual or the individual’s legal guardian or conservator, or parent if the person is a minor of service options they must also make sure to inform on all service options “including all service options available under the waiver plan.”
  • Identify potential providers of employment services, non-provider controlled settings and FMS providers
    • Along with the requirements that Case Managers assist in the identification of potential providers, they must also assist in the identification of employment service providers, providers of services provided in settings that are not controlled by a provider and providers of financial management services.
  • Changes definition of Community-Living setting to align with previous changes in 245A
    • This change to 256B.49 was made to align to the change to the definition of Community Living in 245A that was passed in 2019. The language states that a “Community-living setting does not include a home or dwelling unit that the service provider owns, operates, or leases or in which the service provider has a direct or indirect financial interest.
    • Language is also included in this section that states “a lease cosigned by a service provider meets the requirements of a community-living setting if the service recipient and service provider develop and implement a transition plan which must provide that, which two years of cosigning the initial lease, the service provider shall transfer the lease to the service recipient and other cosigners.”
  • Changes 245D Individual Rights to include “in the community”
    • Within 245D.04, Protection-related rights, the following change was made to number 13, the individual’s right to associate with other persons of the person’s choice
      • “in the community” was added to the end of the sentence

Please contact Sara Grafstrom at [email protected] with questions about any of these provisions or other legislative policy you have been tracking.

--Sara Grafstrom, Director of State and Federal Policy