A bill for an act
relating to human services; prohibiting subminimum wages for persons with
disabilities; modifying lead agency board and case manager responsibilities and
training; establishing a statewide disability employment technical assistance center
and lead agency employment first capacity building grants; modifying requirements
for informed choice in employment policy; clarifying eligibility for Minnesota
supplemental aid program; modifying use of data from the Minnesota
Unemployment Insurance Law; establishing study; requiring report; appropriating
money; amending Minnesota Statutes 2022, sections 177.24, by adding a
subdivision; 252.44; 256B.092, subdivision 1a; 256B.49, subdivision 13;
256B.4905, subdivisions 4a, 5a; 256D.425, subdivision 1; 268.19, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 252; 256B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 177.24, is amended by adding a subdivision
to read:
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(a) On or after August 1, 2023, employers
must not hire any new employee with a disability at a wage that is less than the highest
applicable minimum wage, regardless of whether the employer holds a special certificate
from the United States Department of Labor under section 14(c) of the federal Fair Labor
Standards Act.
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(b) On or after August 1, 2025, an employer must not pay an employee with a disability
less than the highest applicable minimum wage, regardless of whether the employer holds
a special certificate from the United States Department of Labor under section 14(c) of the
federal Fair Labor Standards Act.
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Minnesota Statutes 2022, section 252.44, is amended to read:
When the need for day services in a county or tribe has been determined under section
252.28, the board of commissioners for that lead agency shall:
(1) authorize the delivery of services according to the support plans and support plan
addendums required as part of the lead agency's provision of case management services
under sections 256B.0913, subdivision 8; 256B.092, subdivision 1b; 256B.49, subdivision
15; and 256S.10 and Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) ensure that transportation is provided or arranged by the vendor in the most efficient
and reasonable way possible; deleted text begin and
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(3) monitor and evaluate the cost and effectiveness of the servicesdeleted text begin .deleted text end new text begin ;
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(4) ensure that on or after August 1, 2023, employers do not hire any new employee at
a wage that is less than the highest applicable minimum wage, regardless of whether the
employer holds a special certificate from the United States Department of Labor under
section 14(c) of the federal Fair Labor Standards Act; and
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(5) ensure that on or after August 1, 2025, any day service program, including county,
Tribal, or privately funded day services, pay employees with disabilities the highest applicable
minimum wage, regardless of whether the employer holds a special certificate from the
United States Department of Labor under section 14(c) of the federal Fair Labor Standards
Act.
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The commissioner must establish a statewide technical assistance center to provide
resources and assistance to programs, people, and families to support individuals with
disabilities to achieve meaningful and competitive employment in integrated settings. Duties
of the technical assistance center include but are not limited to:
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(1) offering provider business model transition support to ensure ongoing access to
employment and day services;
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(2) identifying and providing training on innovative, promising, and emerging practices;
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(3) maintaining a resource clearinghouse to serve as a hub of information to ensure
programs, people, and families have access to high-quality materials and information;
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(4) fostering innovation and actionable progress by providing direct technical assistance
to programs; and
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(5) cultivating partnerships and mentorship across support programs, people, and families
in the exploration of and successful transition to competitive, integrated employment.
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The commissioner shall establish a grant program to expand lead agency capacity to
support people with disabilities to contemplate, explore, and maintain competitive, integrated
employment options. Allowable uses of funds include:
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(1) enhancing resources and staffing to support people and families in understanding
employment options and navigating service options;
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(2) implementing and testing innovative approaches to better support people with
disabilities and their families in achieving competitive, integrated employment; and
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(3) other activities approved by the commissioner.
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This section is effective July 1, 2023.
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Minnesota Statutes 2022, section 256B.092, subdivision 1a, is amended to read:
(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described in
the federally approved waiver application.
(b) Case management service activities provided to or arranged for a person include:
(1) development of the person-centered support plan under subdivision 1b;
(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options, including all service options available under the
waiver plan;
(3) consulting with relevant medical experts or service providers;
(4) assisting the person in the identification of potential providers of chosen services,
including:
(i) providers of services provided in a non-disability-specific setting;
(ii) employment service providers;
(iii) providers of services provided in settings that are not controlled by a provider; and
(iv) providers of financial management services;
(5) assisting the person to access services and assisting in appeals under section 256.045;
(6) coordination of services, if coordination is not provided by another service provider;
(7) evaluation and monitoring of the services identified in the support plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person; and
(8) reviewing support plans and providing the lead agency with recommendations for
service authorization based upon the individual's needs identified in the support plan.
(c) Case management service activities that are provided to the person with a
developmental disability shall be provided directly by county agencies or under contract.
If a county agency contracts for case management services, the county agency must provide
each recipient of home and community-based services who is receiving contracted case
management services with the contact information the recipient may use to file a grievance
with the county agency about the quality of the contracted services the recipient is receiving
from a county-contracted case manager. Case management services must be provided by a
public or private agency that is enrolled as a medical assistance provider determined by the
commissioner to meet all of the requirements in the approved federal waiver plans. Case
management services must not be provided to a recipient by a private agency that has a
financial interest in the provision of any other services included in the recipient's support
plan. For purposes of this section, "private agency" means any agency that is not identified
as a lead agency under section 256B.0911, subdivision 10.
(d) Case managers are responsible for service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate with consumers, families, legal representatives, and
relevant medical experts and service providers in the development and annual review of the
person-centered support plan and habilitation plan.
(e) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:
(1) phasing out the use of prohibited procedures;
(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and
(3) accomplishment of identified outcomes.
If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.
(f) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than deleted text begin tendeleted text end new text begin 20new text end hours of case management
education and disability-related training each year. The education and training must include
person-centered planningnew text begin , employment planning, community living planning, self-direction
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