1.1.................... moves to amend H.F. No. 2115, the first engrossment, as follows:
1.2Page 6, delete section 5 and insert:
1.3 "Sec. .... Minnesota Statutes 2024, section 256B.092, subdivision 1a, is amended to read:
1.4 Subd. 1a.
Case management services. (a) Each recipient of a home and community-based
1.5waiver shall be provided case management services by qualified vendors as described
in
1.6the federally approved waiver application.
1.7(b) Case management service activities provided to or arranged for a person include:
1.8(1) development of the person-centered support plan under subdivision 1b;
1.9(2) informing the individual or the individual's legal guardian or conservator, or
parent
1.10if the person is a minor, of service options, including all service options available
under the
1.11waiver plan;
1.12(3) consulting with relevant medical experts or service providers;
1.13(4) assisting the person in the identification of potential providers of chosen services,
1.14including:
1.15(i) providers of services provided in a non-disability-specific setting;
1.16(ii) employment service providers;
1.17(iii) providers of services provided in settings that are not controlled by a provider;
and
1.18(iv) providers of financial management services;
1.19(5) assisting the person to access services and assisting in appeals under section
256.045;
1.20(6) coordination of services, if coordination is not provided by another service provider;
2.1(7) evaluation and monitoring of the services identified in the support plan, which
must
2.2incorporate at least one annual face-to-face visit by the case manager with each person;
and
2.3(8) reviewing support plans and providing the lead agency with recommendations for
2.4service authorization based upon the individual's needs identified in the support
plan.
2.5(c) Case management service activities that are provided to the person with a
2.6developmental disability shall be provided directly by county agencies or under contract.
2.7If a county agency contracts for case management services, the county agency must
provide
2.8each recipient of home and community-based services who is receiving contracted case
2.9management services with the contact information the recipient may use to file a grievance
2.10with the county agency about the quality of the contracted services the recipient
is receiving
2.11from a county-contracted case manager. If a county agency provides case management
2.12under contracts with other individuals or agencies
and, the county agency
utilizes must
2.13utilize a competitive proposal process for the procurement of contracted case management
2.14services
, the competitive proposal process must include at least once every two years. The
2.15competitive proposal process must include evaluation criteria to ensure that the county
2.16maintains a culturally responsive program for case management services adequate to
meet
2.17the needs of the population of the county. For the purposes of this section, "culturally
2.18responsive program" means a case management services program that: (1) ensures effective,
2.19equitable, comprehensive, and respectful quality care services that are responsive
to
2.20individuals within a specific population's values, beliefs, practices, health literacy,
preferred
2.21language, and other communication needs; and (2) is designed to address the unique
needs
2.22of individuals who share a common language or racial, ethnic, or social background.
2.23Contracts must include provisions for oversight to ensure high-quality case management
2.24services. Beginning July 1, 2028, a county agency may not enter into any new contracts
or
2.25renew contracts for case management services.
2.26(d) Case management services must be provided by a public or private agency that is
2.27enrolled as a medical assistance provider determined by the commissioner to meet all
of
2.28the requirements in the approved federal waiver plans. Case management services must
not
2.29be provided to a recipient by a private agency that has a financial interest in the
provision
2.30of any other services included in the recipient's support plan. For purposes of this
section,
2.31"private agency" means any agency that is not identified as a lead agency under section
2.32256B.0911, subdivision 10.
2.33(e) Case managers are responsible for service provisions listed in paragraphs (a)
and
2.34(b). Case managers shall collaborate with consumers, families, legal representatives,
and
3.1relevant medical experts and service providers in the development and annual review
of the
3.2person-centered support plan and habilitation plan.
3.3(f) For persons who need a positive support transition plan as required in chapter
245D,
3.4the case manager shall participate in the development and ongoing evaluation of the
plan
3.5with the expanded support team. At least quarterly, the case manager, in consultation
with
3.6the expanded support team, shall evaluate the effectiveness of the plan based on progress
3.7evaluation data submitted by the licensed provider to the case manager. The evaluation
must
3.8identify whether the plan has been developed and implemented in a manner to achieve
the
3.9following within the required timelines:
3.10(1) phasing out the use of prohibited procedures;
3.11(2) acquisition of skills needed to eliminate the prohibited procedures within the
plan's
3.12timeline; and
3.13(3) accomplishment of identified outcomes.
3.14If adequate progress is not being made, the case manager shall consult with the person's
3.15expanded support team to identify needed modifications and whether additional professional
3.16support is required to provide consultation.
3.17(g) The Department of Human Services shall offer ongoing education in case management
3.18to case managers. Case managers shall receive no less than 20 hours of case management
3.19education and disability-related training each year. The education and training must
include
3.20person-centered planning, informed choice,
informed decision-making, cultural competency,
3.21employment planning, community living planning, self-direction options, and use of
3.22technology supports.
Case managers must annually complete an informed choice curriculum
3.23and pass a competency evaluation, in a form determined by the commissioner, on informed
3.24decision-making standards. By August 1, 2024, all case managers must complete an
3.25employment support training course identified by the commissioner of human services.
For
3.26case managers hired after August 1, 2024, this training must be completed within the
first
3.27six months of providing case management services. For the purposes of this section,
3.28"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
3.29subdivision 10. Case managers must document completion of training in a system identified
3.30by the commissioner.
3.31EFFECTIVE DATE.This section is effective August 1, 2025, and applies to contracts
3.32entered into or renewed on or after that date."
3.33Page 9, delete section 7 and insert:
4.1 "Sec. .... Minnesota Statutes 2024, section 256B.49, subdivision 13, is amended to read:
4.2 Subd. 13.
Case management. (a) Each recipient of a home and community-based waiver
4.3shall be provided case management services by qualified vendors as described in the
federally
4.4approved waiver application. The case management service activities provided must
include:
4.5(1) finalizing the person-centered written support plan within the timelines established
4.6by the commissioner and section 256B.0911, subdivision 29;
4.7(2) informing the recipient or the recipient's legal guardian or conservator of service
4.8options, including all service options available under the waiver plans;
4.9(3) assisting the recipient in the identification of potential service providers of
chosen
4.10services, including:
4.11(i) available options for case management service and providers;
4.12(ii) providers of services provided in a non-disability-specific setting;
4.13(iii) employment service providers;
4.14(iv) providers of services provided in settings that are not community residential
settings;
4.15and
4.16(v) providers of financial management services;
4.17(4) assisting the recipient to access services and assisting with appeals under section
4.18256.045; and
4.19(5) coordinating, evaluating, and monitoring of the services identified in the service
4.20plan.
4.21(b) The case manager may delegate certain aspects of the case management service
4.22activities to another individual provided there is oversight by the case manager.
The case
4.23manager may not delegate those aspects which require professional judgment including:
4.24(1) finalizing the person-centered support plan;
4.25(2) ongoing assessment and monitoring of the person's needs and adequacy of the
4.26approved person-centered support plan; and
4.27(3) adjustments to the person-centered support plan.
4.28(c) Case management services must be provided by a public or private agency that is
4.29enrolled as a medical assistance provider determined by the commissioner to meet all
of
4.30the requirements in the approved federal waiver plans. If a county agency provides
case
4.31management under contracts with other individuals or agencies
and, the county agency
5.1utilizes must utilize a competitive proposal process for the procurement of contracted case
5.2management services
, the competitive proposal process must include at least once every
5.3two years. The competitive proposal process must include evaluation criteria to ensure that
5.4the county maintains a culturally responsive program for case management services
adequate
5.5to meet the needs of the population of the county. For the purposes of this section,
"culturally
5.6responsive program" means a case management services program that: (1) ensures effective,
5.7equitable, comprehensive, and respectful quality care services that are responsive
to
5.8individuals within a specific population's values, beliefs, practices, health literacy,
preferred
5.9language, and other communication needs; and (2) is designed to address the unique
needs
5.10of individuals who share a common language or racial, ethnic, or social background.
5.11Contracts must include provisions for oversight to ensure high-quality case management
5.12services. Beginning July 1, 2028, a county agency may not enter into any new contracts
or
5.13renew contracts for case management services.
5.14(d) Case management services must not be provided to a recipient by a private agency
5.15that has any financial interest in the provision of any other services included in
the recipient's
5.16support plan. For purposes of this section, "private agency" means any agency that
is not
5.17identified as a lead agency under section 256B.0911, subdivision 10.
5.18(e) For persons who need a positive support transition plan as required in chapter
245D,
5.19the case manager shall participate in the development and ongoing evaluation of the
plan
5.20with the expanded support team. At least quarterly, the case manager, in consultation
with
5.21the expanded support team, shall evaluate the effectiveness of the plan based on progress
5.22evaluation data submitted by the licensed provider to the case manager. The evaluation
must
5.23identify whether the plan has been developed and implemented in a manner to achieve
the
5.24following within the required timelines:
5.25(1) phasing out the use of prohibited procedures;
5.26(2) acquisition of skills needed to eliminate the prohibited procedures within the
plan's
5.27timeline; and
5.28(3) accomplishment of identified outcomes.
5.29If adequate progress is not being made, the case manager shall consult with the person's
5.30expanded support team to identify needed modifications and whether additional professional
5.31support is required to provide consultation.
5.32(f) The Department of Human Services shall offer ongoing education in case management
5.33to case managers. Case managers shall receive no less than 20 hours of case management
5.34education and disability-related training each year. The education and training must
include
6.1person-centered planning, informed choice,
informed decision-making, cultural competency,
6.2employment planning, community living planning, self-direction options, and use of
6.3technology supports.
Case managers must annually complete an informed choice curriculum
6.4and pass a competency evaluation, in a form determined by the commissioner, on informed
6.5decision-making standards. By August 1, 2024, all case managers must complete an
6.6employment support training course identified by the commissioner of human services.
For
6.7case managers hired after August 1, 2024, this training must be completed within the
first
6.8six months of providing case management services. For the purposes of this section,
6.9"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
6.10subdivision 10. Case managers shall document completion of training in a system identified
6.11by the commissioner.
6.12EFFECTIVE DATE.This section is effective August 1, 2025, and applies to contracts
6.13entered into or renewed on or after that date."
6.14Page 17, after line 18, insert:
6.15 "Sec. .... Minnesota Statutes 2024, section 256S.07, subdivision 1, is amended to read:
6.16 Subdivision 1.
Elderly waiver case management provided by counties and tribes. (a)
6.17For participants not enrolled in a managed care organization, the county of residence
or
6.18tribe must provide or arrange to provide elderly waiver case management activities
under
6.19section
256S.09, subdivisions 2 and 3.
6.20(b) If a county agency provides case management under contracts with other individuals
6.21or agencies
and, the county agency
utilizes must utilize a competitive proposal process for
6.22the procurement of contracted case management services
, the competitive proposal process
6.23must include at least once every two years. The competitive proposal process must include
6.24evaluation criteria to ensure that the county maintains a culturally responsive program
for
6.25case management services adequate to meet the needs of the population of the county.
For
6.26the purposes of this section, "culturally responsive program" means a case management
6.27services program that:
6.28(1) ensures effective, equitable, comprehensive, and respectful quality care services
that
6.29are responsive to individuals within a specific population's values, beliefs, practices,
health
6.30literacy, preferred language, and other communication needs; and
6.31(2) is designed to address the unique needs of individuals who share a common language
6.32or racial, ethnic, or social background.
7.1(c) Contracts must include provisions for oversight to ensure high-quality case
7.2management services.
7.3(d) Beginning July 1, 2028, a county agency may not enter into any new contracts or
7.4renew contracts for case management services.
7.5EFFECTIVE DATE.This section is effective August 1, 2025, and applies to contracts
7.6entered into or renewed on or after that date."
7.7Renumber the sections in sequence and correct the internal references
7.8Amend the title accordingly