HF3379

Purpose

• To modify human services law related to background screening for providers serving seniors and individuals with disabilities.
• Specifically adds background study requirements for certain providers involved with home- and community-based waiver services and housing stabilization services.

Main Provisions

• Adds background studies required by the commissioner for unlicensed providers of:
  • Home- and community-based waiver services (under federally approved waiver plans).
  • Housing stabilization services.
• Applies to individuals with:
  • At least a 5% ownership stake (owners),
  • Operators,
  • Employees,
  • Volunteers who have direct contact with people receiving the services.
• Background checks must occur before an individual may provide waiver services and as part of ongoing enrollment.
• Applies to consumer-directed community supports under 256B.4911.
• For purposes of this section, “operator” includes, but is not limited to, a managerial officer who oversees billing, management, or policies of the services.

Scope and Definitions

• Affects providers listed under:
  • Federally approved home- and community-based waiver plans (256B.4912).
  • Housing stabilization services under 256B.051.
• Clarifies who counts as an “operator” for background-check purposes.

Relation to Existing Law

• Amends multiple statutes (e.g., 256B.0658, 256L.03, 245C.03, 256B.04, 256B.0701, and 256B.051) to implement these background-check requirements.
• Referred to as relating to housing stabilization services and waiver services, with changes to how background checks are handled for unlicensed providers.

Significant Changes and Potential Effects

• Introduces mandatory background studies for a broad set of individuals connected to waiver and housing stabilization services.
• Tightens oversight of providers who have direct contact with recipients, potentially affecting staffing models, vendor enrollment, and ongoing program participation.
• Broadens who must be screened (owners, operators, employees, volunteers) and defines roles more explicitly (e.g., managerial officers involved in billing or policy decisions).

Notable Considerations

• The policy emphasizes safety and suitability of individuals working with vulnerable populations (seniors and people with disabilities) by requiring background investigations before and during service provision.

Relevant Terms - unlicensed home and community-based waiver providers - housing stabilization services - background studies / background checks - seniors and individuals with disabilities - owner (at least 5% ownership) - operator - employee - volunteer - direct contact with people receiving the services - federally approved home and community-based waiver plans (256B.4912) - consumer-directed community supports (256B.4911) - ongoing enrollment - managerial officer - billing management or policies - commissioner - 256B.051, 256B.4912, 256B.4911, 245C.03 (subdivision 6)