The following is a summary of 2019 legislative changes and actions that affect programs/services for people who are older and people with disabilities.
The Legislature made changes this year to the following disability waivers
Those changes include:
The Legislature ordered DHS to conduct and publish an annual labor market report, based on data submitted by providers of home and community-based services (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, sections 54 and 65).
The Legislature funded a 2.37% increase for rates and budgets for people who use:
The Legislature ordered DHS to evaluate the feasibility of developing a rate framework for the personal care assistance (PCA) and Community First Services and Supports (CFSS) programs. DHS is required to provide recommendations, including draft legislation to the Legislature (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 87).
The Legislature approved funding to purchase a statewide electronic visit verification system, in order to comply with the 21st Century Cures Act, Public Law 114-255 (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 82). Effective Jan. 1, 2020 — and without a good faith exemption from the federal government — Minnesota must require electronic visit verification for all Medicaid-funded personal care assistance services and some waiver services. Effective Jan. 1, 2023, Minnesota must require electronic visit verification for home health services. Providers of these services must meet the electronic visit verification standards established by the DHS commissioner, on a date established by the commissioner, after the state-selected system is available. DHS will provide more information on this requirement in the coming months.
On Oct. 1, 2019 or after federal approval (whichever is later) the Legislature has authorized medical assistance payments for shared services under consumer directed community supports (CDCS). Shared services may include services in the personal assistance category. One worker may provide shared services for up to three people. People who share services must use the same financial management services provider. People whose support plans include the intention to share services must develop a shared services agreement (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 81).
Starting July 1, 2019, counties will be reimbursed at a rate of 85% for SILS grant allocations. Counties are currently reimbursed at a rate of 70% (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 21).
The Legislature created a performance-based incentive payment program for organizations that provide customized living services to Elderly Waiver participants. During state fiscal years 2020 and 2021, grants will be available to fund quality improvement initiatives selected through a competitive proposal process (Laws of Minnesota 2019, 1st SS, chapter 9, article 4, section 28).
The Legislature gave funds to develop and administer resident and family surveys in assisted living facilities to support an Assisted Living Report Card. The funds also will support quality-measure development related to the resident and family surveys and other data sources and the development of a public webpage to share report card results (Laws of Minnesota 2019, Regular Session, chapter 60, article 5, section 1).
After Aug. 1, 2019, the following changes will affect long-term care consultation services:
On Aug. 1, 2019, the exemption from intensive service planning will be removed for in-home family supports, individualized supports, supported living services and semi-independent living services (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 12).
Beginning Oct. 1, 2019, the age limit for Family Support Grants will be increased from 21 to 25 years old. Preference for new grant allocations will be given to families with dependents who are 14 to 24 years old to support transition-related activities (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 22).
The Legislature ordered DHS to form an advisory task force to make recommendations on the increase use of technology in services and programs for people with disabilities. Two representatives of the counties will participate on the task force. The task force will provide an annual written report and recommendations to DHS beginning June 20, 2020. The task force expires on June 30, 2021 (Laws of Minnesota 2019, 1st SS, chapter 9, article 5, section 92).
The Legislature authorized ongoing funding for other programs to support people with disabilities. DHS will provide additional information about this funding in the future. The increase will include:
Beginning Aug. 1, 2019, the existing Elderly Waiver statute (Minnesota Statutes 2018, section 256B.0915) is repealed and replaced with new statute (Minnesota Statutes 2019, section 256S) (Laws of Minnesota 2019, Regular Session, chapter 54). No policy changes were made as a result of this change. DHS will update all references to this statute within the normal course of business.
On Jan. 1, 2021, or upon federal approval (whichever is later), the Legislature authorized changes to day training and habilitation and structured day services.
The Legislature authorized funding for DHS to continue to plan for future waiver redesign and individualized budgeting. DHS will submit a report to the Legislature with recommendations for future changes by Jan. 1, 2021.
Beginning Jan. 1, 2021, or upon federal approval (whichever is later), DHS will add an integrated community supports service to the residential frameworks for the Community Access for Disability Inclusion (CADI) and Brain Injury (BI) waivers. Effective January 1, 2023, or upon federal approval (whichever is later), DHS will add it to the residential frameworks for the Developmental Disabilities (DD) and Community Alternative Care (CAC) waivers.
