A bill for an act
relating to human services; establishing minimum wage protections for people
with disabilities; modifying person care assistance and community first services
and supports remote reassessment requirements; prioritizing technology in informed
choice for disability waiver services; clarifying form usage for community-based
waivered services; modernizing language in Deaf and Hard-of-Hearing Services
Act; making technical corrections to behavioral health language; amending
Minnesota Statutes 2022, sections 177.24, by adding a subdivision; 245D.10,
subdivision 1; 245F.02, subdivisions 17, 21; 245F.08, subdivision 3; 245F.15,
subdivision 7; 245G.04, by adding a subdivision; 252.44; 256B.0759, subdivision
4; 256B.0911, subdivision 24; 256B.4905, subdivision 12; 256C.21; 256C.23,
subdivisions 1a, 2, 2a, 2b, 2c, 6, 7, by adding a subdivision; 256C.233, subdivisions
1, 2; 256C.24, subdivisions 1, 2, 3; 256C.26; 256C.261; Minnesota Statutes 2023
Supplement, sections 245G.05, subdivision 3; 245G.09, subdivision 3; 254A.19,
subdivision 3; 254B.04, subdivision 6; 254B.05, subdivisions 1, 5; 254B.19,
subdivision 1; 256B.0759, subdivision 2; 256B.4906; 256B.4914, subdivision 4.
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, 2026, an employer
must not hire a 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.
new text end
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(b) On or after August 1, 2028, 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.
new text end
Minnesota Statutes 2022, section 245D.10, subdivision 1, is amended to read:
A license holder providing either
basic or intensive supports and services must establish, enforce, and maintain policies and
procedures as required in this chapter, chapter 245A, and other applicable state and federal
laws and regulations governing the provision of home and community-based services
licensed according to this chapter.new text begin A license holder must use forms provided by the
commissioner to report service suspensions and service terminations under subdivisions 3
and 3a.
new text end
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 245F.02, subdivision 17, is amended to read:
"Peer recovery support services" means
deleted text begin mentoring and education, advocacy, and nonclinical recovery support provided by a recovery
peerdeleted text end new text begin services provided according to section 245F.08, subdivision 3new text end .
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 245F.02, subdivision 21, is amended to read:
"Recovery peer" means a person who has progressed in the
person's own recovery from substance use disorder and is willing to serve as a peer to assist
others in their recoverynew text begin and is qualified according to section 245F.15, subdivision 7new text end .
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 245F.08, subdivision 3, is amended to read:
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(a) Peers in recovery serve as mentors or
recovery-support partners for individuals in recovery, and may provide encouragement,
self-disclosure of recovery experiences, transportation to appointments, assistance with
finding resources that will help locate housing, job search resources, and assistance finding
and participating in support groups.
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(b) Peer recovery support services are provided by a recovery peer and must be supervised
by the responsible staff person.
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Peer recovery support services must meet the requirements in section 245G.07,
subdivision 2, clause (8), and must be provided by a person who is qualified according to
the requirements in section 245F.15, subdivision 7.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 245F.15, subdivision 7, is amended to read:
Recovery peers must:
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(1) be at least 21 years of age and have a high school diploma or its equivalent;
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(2) have a minimum of one year in recovery from substance use disorder;
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(3) have completed a curriculum designated by the commissioner that teaches specific
skills and training in the domains of ethics and boundaries, advocacy, mentoring and
education, and recovery and wellness support; and
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(4) receive supervision in areas specific to the domains of their role by qualified
supervisory staff.
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(1) meet the qualifications in section 245I.04, subdivision 18; and
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(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19, under the supervision of an alcohol and drug counselor.
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This section is effective the day following final enactment.
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Minnesota Statutes 2022, section 245G.04, is amended by adding a subdivision to
read:
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(a) If a client is seeking treatment for opioid use
issues, the license holder must provide opioid educational material to the client on the day
of service initiation. The license holder must use the opioid educational material approved
by the commissioner that contains information on:
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(1) risks for opioid use disorder and dependence;
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(2) treatment options, including the use of a medication for opioid use disorder;
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(3) the risk and recognition of opioid overdose; and
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(4) the use, availability, and administration of an opiate antagonist to respond to opioid
overdose.
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(b) If the client is identified as having opioid use issues at a later date, the required
educational material must be provided at that time.
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This section is effective January 1, 2025.
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Minnesota Statutes 2023 Supplement, section 245G.05, subdivision 3, is amended
to read:
deleted text begin (a)deleted text end A comprehensive assessment
must meet the requirements under section 245I.10, subdivision 6, paragraphs (b) and (c).
It must also include:
(1) a diagnosis of a substance use disorder or a finding that the client does not meet the
criteria for a substance use disorder;
(2) a determination of whether the individual screens positive for co-occurring mental
health disorders using a screening tool approved by the commissioner pursuant to section
245.4863;
(3) a risk rating and summary to support the risk ratings within each of the dimensions
listed in section 254B.04, subdivision 4; and
(4) a recommendation for the ASAM level of care identified in section 254B.19,
subdivision 1.
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