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SF3898 (Legislative Session 94 (2025-2026))

Home and community-based service standards modifications and disability waiver regulations interpretive guidelines issuance by the commissioner requirement provision

Related bill: HF3929

AI Generated Summary

Purpose

This bill updates rules for home- and community-based services (HCBS) in Minnesota. It aims to clarify training requirements for staff and to help providers understand disability waiver rules by having the state commissioner issue interpretive guidelines.

Main Provisions

  • Annual training requirement: A licensed HCBS provider must give annual training to direct support staff on topics listed in subdivision 4, clauses 3 to 11.
  • Training delay option: Providers may delay the required annual training for up to 90 calendar days after the original deadline.
  • First aid exception: If direct support staff hold a current first aid certification (as defined by the bill), the annual training is not required as long as the certification stays current.
  • Commissioner’s interpretive guidelines: The commissioner must issue interpretive guidelines to help interpret and apply disability waiver regulations.
  • Statutory changes: The bill proposes changes to Minnesota Statutes 2024 sections 245D.09 subdivision 5 and 245D.095 subdivision 3, adds a subdivision to 256B.04, and adds Minnesota Statutes 2025 Supplement section 256B.4914 subdivision 14a.1.7.

Significant Changes to Law

  • Adds a formal annual training requirement for direct support staff within HCBS, with an allowed 90-day delay window.
  • Creates an exemption from annual training for staff who already hold current first aid certification.
  • Establishes a new obligation for the state commissioner to publish interpretive guidelines related to disability waiver regulations, to guide how rules are applied.
  • Introduces new or revised subdivisions in multiple statutes (245D.09, 245D.095, 256B.04, and 256B.4914) to implement these changes.

Implementation and Potential Impact

  • Providers of HCBS will need to schedule and document annual staff training on the specified topics.
  • Agencies can plan a temporary 90-day delay if needed, reducing immediate compliance pressure.
  • Some staff with valid first aid certifications may not need annual training, potentially reducing training requirements for those employees.
  • The commissioner’s interpretive guidelines should clarify how disability waiver regulations should be followed, which could affect how providers interpret and meet requirements.

Terminology to Note (Key Terms Used)

  • Home and Community-Based Services (HCBS)
  • Direct support staff
  • Annual training
  • License holder
  • First aid certification
  • Commissioner (Minnesota Department responsible for HCBS rules)
  • Interpretive guidelines
  • Disability waiver regulations
  • Topics identified in subdivision 4 clauses 3 to 11
  • Minnesota Statutes (2024 and 2025 Supplement)
  • Subdivision (subd.) references (e.g., 245D.09 subd. 5; 245D.095 subd. 3; 256B.04; 256B.4914 subd. 14a.1.7)

Relevant Terms home and community-based services; HCBS; direct support staff; annual training; license holder; first aid certification; commissioner; interpretive guidelines; disability waiver regulations; topics identified in subdivision 4 clauses 3 to 11; Minnesota Statutes; 245D.09; 245D.095; 256B.04; 256B.4914; subdivision (subd.) 14a.1.7

Bill text versions

Past committee meetings

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2026SenateActionIntroduction and first reading
February 26, 2026SenateActionReferred toHuman Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Annual training requirement for direct support staff identified in subdivision 4 clauses 3 to 11.",
        "Ability to delay annual training up to 90 calendar days."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 245D.09, subdivision 5, to require annual training of direct support staff, allow a 90-day delay in training, and provide an exemption if first aid certification remains current.",
      "modified": [
        "Scope and timing of annual training under subdivision 5 clarified."
      ]
    },
    "citation": "245D.09",
    "subdivision": "subd.5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 245D.095, subdivision 3. The excerpt provided does not specify the exact changes.",
      "modified": [
        "Subdivision 3 may be altered by the act; specific changes are not shown in the provided text."
      ]
    },
    "citation": "245D.095",
    "subdivision": "subd.3"
  },
  {
    "analysis": {
      "added": [
        "Adds a new subdivision to 256B.04."
      ],
      "removed": [],
      "summary": "This bill adds a subdivision to Minnesota Statutes 256B.04 as part of modifying home and community-based service standards.",
      "modified": []
    },
    "citation": "256B.04",
    "subdivision": "new subdivision"
  },
  {
    "analysis": {
      "added": [
        "Adds or implements subdivision 14a.1.7 in 256B.4914."
      ],
      "removed": [],
      "summary": "This bill references Minnesota Statutes 2025 Supplement section 256B.4914, subdivision 14a.1.7, likely to implement the new subdivision addressing disability waiver regulations.",
      "modified": []
    },
    "citation": "256B.4914",
    "subdivision": "subd.14a.1.7"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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