Rulemaking Docket

State agencies are required by Minnesota Statutes to maintain a current rulemaking docket describing the status of rulemaking activities in progress or under consideration within the agency. This is the status report, or docket, on rule changes being considered and recently adopted for the Minnesota Department of Human Services.
Related resources: Explanation of Numbering, Minnesota Rulemaking Manual (PDF).

Residential Treatment Programs for Adults Who Are Mentally Ill

Summary: Residential Treatment Programs for Adults Who Are Mentally Ill

Summary: The Minnesota Department of Human Services intends to repeal two obsolete rules governing recovery or recoupment of medical assistance and MinnesotaCare overpayments caused by an enrollee’s own error. The rules, Minnesota Rules, part 9505.2215, subpart 1(B), and part 9505.2200 subpart 1, are obsolete based on guidance from the Centers for Medicare and Medicaid Services relating to “unwinding” after the end of the COVID- 19 public health emergency. Medicaid agencies were directed to stop assessing and recovering medical assistance benefits that are based on the agency’s determination that the overpayments resulted from an enrollee’s own error, and also may not request an enrollee to voluntarily repay these overpaid benefits. The Department determined that the CMS guidance also extends to overpayments of MinnesotaCare benefits.
Status
Supporting Documents
- Request for comments (PDF)
Contact information

Repeal of obsolete rules governing recovery or recoupment of medical assistance and MinnesotaCare overpayments based on enrollee error

Summary: Repeal of obsolete rules governing recovery or recoupment of medical assistance and MinnesotaCare overpayments based on enrollee error

The Minnesota Department of Human Services intends to repeal two obsolete rules governing recovery or recoupment of medical assistance and MinnesotaCare overpayments caused by an enrollee’s own error. The rules, Minnesota Rules, part 9505.2215, subpart 1(B), and part 9505.2200 subpart 1, are obsolete based on guidance from the Centers for Medicare and Medicaid Services relating to “unwinding” after the end of the COVID- 19 public health emergency. Medicaid agencies were directed to stop assessing and recovering medical assistance benefits that are based on the agency’s determination that the overpayments resulted from an enrollee’s own error, and also may not request an enrollee to voluntarily repay these overpaid benefits. The Department determined that the CMS guidance also extends to overpayments of MinnesotaCare benefits.
Status
Supporting Documents
- Notice of Intent to Repeal Obsolete Rules (PDF)
- Draft of the proposed rules repeal (PDF)
Contact information

Cost-of-care for clients in state-operated facilities

Summary: Amending rules governing cost-of-care for clients in state-operated facilities

The Minnesota Department of Human Services considered rule amendments to Minnesota Rules, parts 9515.1000 – 9515 that update and clarify the process used to determine the ability of patients, clients, and relatives to pay for the cost of care in a state facility when no other payer is available or when the only payer available is a public payer.
Status

The Department published a Notice of Request for Comments in the June 4, 2018 State Register. This project was then placed on hold. The Direct Care and Treatment Administration at the Department of Human Services is now in the process of becoming a stand-alone department in Minnesota, and the authority to adopt these rules will transfer from the Commissioner of Human Services to the Board of Direct Care and Treatment. The Department has determined that the most prudent course of action at this time is to officially withdraw these rules in 2025, and start the rulemaking process over for these rules under the authority of the Board after the Department of Direct Care and Treatment is officially established, should the new department choose to pursue a rulemaking.
Contact information

Retroactive billing

Summary: Amending rule governing retroactive MA provider billing and recipient reimbursement

The Minnesota Department of Human Services is considering an amendment to the rules governing retroactive billing for Medical Assistance providers and reimbursement of Medical Assistance recipients at part 9505.0540, subpart 3. Under the current rule, if a recipient was determined retroactively eligible for Medical Assistance, and has made payments to a provider for services received during a retroactive eligibility time period, the provider has the option of billing Medical Assistance and refunding the recipient, but only up to the amount paid by Medical Assistance. The proposed rules amendment would require providers to reimburse recipients for any amounts paid by a recipient for covered services during a retroactive period, regardless of whether the provider bills Medical Assistance or the amount paid by Medical Assistance. The amendment would also allow the recipient to appeal a provider’s failure to refund the recipient. The department believes that with the amendment the rules part will better align with federal requirements regarding retroactive coverage.
Status
Supporting documents
- Request for Comments: Possible Amendment to Rules Governing Retroactive Billing, Minnesota Rules, Part 9505.0450, Subpart 3; Revisor’s ID Numbe 4415 (PDF)
- Draft of the possible rule amendments (PDF)
Contact information

Definition of 'investigative'

Summary: Repealing obsolete rule governing definition of "Investigative" for purpose of health care program payment

The Minnesota Department of Human Services is considering repealing certain parts of Minnesota Rules, chapter 9505 governing administration of the Medical Assistance program that establish the health care services, durable medical equipment, and medical supplies for which providers are eligible to receive payment. Notably, the Department would like to revise the meaning of “investigational” under part 9505.5005 as it pertains to health care services, durable medical equipment, and medical supplies that are not eligible for payment under Medical Assistance. The rule as currently written relies upon the National Blue Cross and Blue Shield Association Medical Advisory Committee determination of whether a health service procedure is “investigative.” The rule amendments are necessary because the National Blue Cross and Blue Shield Association Medical Advisory Committee no longer exists.
Status

In August 2014, the department proposed repealing obsolete language from rule part 9505.5005 that refers to the National Blue Cross and Blue Shield Association Medical Advisory Committee because the committee no longer exists. This project has been placed on hold, but may be revisited in 2025. An update will be posted to this website when the project moves forward.
Contact information

Recently adopted rules

Repeal of rules governing personal care services
The Minnesota Department of Human Services used the obsolete rule repeal process in Minnesota Statutes, section 14.3895 to repeal rules governing personal care services, Minnesota Rules, part 9505.0335, and related health services records, Minnesota Rules, part 9505.2175, subp. 7. The comment period started July 17, 2023 and ended Sept. 22, 2023. No comments were received. On Oct. 26, Chief Administrative Law Judge Jenny Starr approved the rules. The Department published a Notice of Adopted Repeal of Obsolete Rules in the State Register on Nov. 20, 2023. The rule repeal went into effect 5 days after publication.
- PCA Rule Repeal Official Record (PDF)
- PCA Order Repealing Rules: signed by DHS Rulemaking Attorney Vanessa Vogl on Oct. 26, 2023 (PDF)
Adoption of rules relating to licensing (good cause exempt)
The Minnesota Department of Human Services adopted rules relating to residential services staff qualifications for licensing using the good cause exempt rulemaking process under Minnesota Statutes, Chapter 14.388. The comment period started Jan. 4, 2023 and ended Jan. 10, 2023. No comments were received. On Jan. 13, 2023, Administrative Law Judge James E. LaFave approved the rules. The Department published the final rules and Notice of Adoption in the State Register on Jan. 30, 2023. The rules went into effect upon publication.
Adoption of rules governing the Child Care Assistance Program
The Minnesota Department of Human Services adopted rules governing the Child Care Assistance Program (CCAP) using the standard rulemaking process under Minnesota Statutes, Chapter 14. The comment period following publication of the Dual Notice of Intent to Adopt Rules in the Minnesota State Register ended on July 20, 2022. The Department received four valid requests for a hearing. The threshold for holding a hearing is 25 requests, so the Department did not hold a hearing on this matter. The Department made changes to the rules as proposed either in response to comments, to align with recent statutory changes, to better serve the families seeking child care assistance and child care providers, or to make CCAP more efficient with little to no impact on families, child care providers, or CCAP agencies. On Sept. 15, 2022, the Department filed all required documents with the Office of Administrative Hearings (OAH). On Sept. 23, 2022, Administrative Law Judge Barbara Case approved the rules. The Department published the final rules and Notice of Adoption in the State Register on Oct. 24, 2022. The rules went into effect 5 days after publication.