SF3928 (Legislative Session 94 (2025-2026))
Community first services and supports requirements for shared services clarification
Related bill: HF3780
AI Generated Summary
Purpose
This bill clarifies and expands how Community First Services and Supports (CFSS) work in Minnesota. It adds a formal option for shared services, strengthens documentation and supervision for personal care assistance, and updates how rates and funding for shared services are calculated and used. It also updates definitions and reorganizes related rules to support these changes.
Key Provisions
Documentation for personal care services
- Personal care assistants must record their work daily on a time sheet form approved by the commissioner. Documentation can be web-based, electronic, or paper, and must be submitted monthly and kept in the recipient’s health record.
- Time sheets must match the recipient’s care plan and include:
- full names (assistant and recipient), provider numbers, recipient’s ID (MA number or date of birth), dates and times, signatures, and any shared care provided.
- a note that it is a federal crime to submit false information for medical assistance billing.
- Time sheets must also record hospital stays, travel time, and locations.
Shared services definition and framework
- Shared services mean one personal care assistant serving two or three recipients who are all eligible for medical assistance and agree to receive services at the same time and place.
- The setting can be the home, a family foster care home, or certain child care or school settings.
- Shared services follow the same service criteria as individual services. Noncovered shared services include: (a) more than three recipients with one assistant, (b) multi-setting care, (c) using more than one agency for the shared care, (d) extra units selected by the recipient, and (e) lack of appropriate coordination.
- Recipients or their representatives can opt for shared services, one-on-one services, or a mix, and may withdraw at any time.
- Authorization for shared services must be determined by the commissioner and should ensure health and safety. It is part of the overall CFSS authorization and should not reduce total hours for an individual recipient.
- A shared service setting requires training for the assistant specific to each recipient, and ongoing monitoring every six months (or sooner if needed). A contingency plan must be created for when a recipient is absent.
Rates, revenue, and wage considerations for shared services
- A rate system will be created for shared services. For two recipients sharing services, the rate cannot exceed 1.5 times the single-recipient rate. For three recipients, the rate cannot exceed 2 times the single-recipient rate.
- Additional revenue for two recipients and for three recipients must be allocated with a portion used for wages and wage-related costs (specific percentages are to be determined).
- Additional revenue may not be used for mileage, insurance, or other non-wage benefits.
- Separate provisions cover shared services under both the agency-provider model and the budget model, including passthrough rules (how much of the extra revenue or budget savings goes to wage costs) and rules about not reducing overall participant funding.
CFSS service delivery and agency-provider responsibilities
- The personal care assistance choice option requires the agency-provider to employ the assistant and the qualified professional, handle required regulatory obligations (workers’ compensation, unemployment insurance, bonds, liability insurance, etc.), bill the medical assistance program, conduct background studies, and maintain documentation.
- The provider must ensure arms-length transactions (no close relationships like parent/child or spouse) and manage worker payroll, taxes, and record-keeping.
- Agencies must enroll as CFSS providers and enter into written agreements with recipients and assistants before services begin.
Covered CFSS services and expansions
- CFSS covers a broad range of services, including activities of daily living (ADLs), instrumental activities of daily living (IADLs), health-related procedures, environmental modifications, assistive technology, observations and redirection for behavior or symptoms, and other supports necessary to increase independence.
- The bill also allows shared services and required training within both the agency-provider and budget models, with guidelines about when and how these services may be used.
Definitions and coding changes
- The bill updates and renumbers definitions related to CFSS and shared services, and directs the revisor to reorganize definitions in the statute (including 256B.85 and related sections) to reflect the new structure.
Significant Changes to Existing Law
- Creates an explicit shared services option within CFSS, allowing one personal care assistant to serve two or three recipients at the same time, with rules for authorization, safety, and monitoring.
- Establishes a formal rate framework for shared services, including caps at 1.5x (two recipients) and 2x (three recipients) the single-recipient rate, plus defined uses for any additional revenue or budget savings (primarily for wages and wage-related costs).
- Adds detailed documentation and time-keeping requirements for personal care assistance, including a federally themed warning about falsifying billing information.
- Requires training for shared-service settings, ongoing oversight by a qualified professional, and contingency planning.
- Requires agency-provider models to meet specific employer responsibilities (workers’ compensation, unemployment, licensing, background checks, taxes, etc.) and to provide written agreements and transparent arrangements to avoid conflicts of interest.
- Expands and clarifies CFSS covered services and related administrative processes, including the roles of the commissioner and providers in authorizing and administering shared services.
- Renumbers and reorganizes statutory definitions to accommodate the new structure, ensuring cross-references align with the updated framework.
How It Could Affect Participants and Care Workers
- Participants gain more flexibility by choosing shared services, potentially reducing care gaps and increasing independence, while maintaining safety and oversight.
- Care workers may see wage increases linked to shared services and more formal training and supervision.
- Providers face more rules and documentation requirements but also clearer guidance on how to bill for shared services and how to structure staffing and employment arrangements.
Relevant Terms - CFSS (Community First Services and Supports) - personal care assistant (PCA) - shared services - two recipients sharing services - three recipients sharing services - agency-provider model - budget model - time sheet - documentation (web-based, electronic, paper) - qualified professional - health and safety - care plan - arm's-length transactions - caregiver training - contingency plan - authorized/shared service authorization - wage-related costs - additional revenue - passthrough - wages and wage-related costs - CFSS service delivery plan - health-related procedures - ADLs and IADLs - setting (home, foster care, school-related settings) - eligibility for medical assistance - rates (caps for shared services) - hospital stays and travel time (on time sheets) - federal crime warning for false billing statements
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Human Services on: March 18, 2026 15:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | Senate | Action | Introduction and first reading | ||
| February 26, 2026 | Senate | Action | Referred to | Human Services | |
| March 18, 2026 | Senate | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"Daily documentation of personal care assistance services on a time sheet form approved by the commissioner.",
"Documentation may be web-based, electronic, or paper.",
"Monthly submission of the completed time sheet to the provider and retention in the recipient's health record.",
"Time sheet must include specific details (e.g., caregiver and provider information, recipient information, dates/times, signatures, and notes on shared services if applicable).",
"A statement that it is a federal crime to provide false information on personal care service billings for medical assistance payments."
],
"removed": [],
"summary": "Amends Subdivision 12 to require daily documentation of personal care assistance services, with time sheets approved by the commissioner, and monthly submission and retention in the recipient's health record.",
"modified": []
},
"citation": "256B.0659 Subd.12",
"subdivision": "Subd.12"
},
{
"analysis": {
"added": [
"Definition of shared services as the provision of personal care assistance to two or three recipients who are all MA-eligible and voluntarily enter into an agreement to receive services at the same time and in the same setting.",
"Definition of 'setting' to include the home, residence, family foster care home, child care programs, or school district/private school settings."
],
"removed": [],
"summary": "Adds and defines Shared services for personal care assistance.",
"modified": []
},
"citation": "256B.0659 Subd.16",
"subdivision": "Subd.16"
},
{
"analysis": {
"added": [
"Rate system for shared services; for two recipients, the rate must not exceed 1.5 times the rate for a single recipient; for three recipients, the rate must not exceed twice the single-recipient rate; rates apply only when all criteria are met."
],
"removed": [],
"summary": "Creates a rate framework for shared personal care services.",
"modified": []
},
"citation": "256B.0659 Subd.17",
"subdivision": "Subd.17"
},
{
"analysis": {
"added": [
"Recruit, hire, schedule, and terminate personal care assistants per written agreement.",
"Develop a personal care assistance care plan with qualified professional input.",
"Orient and train the personal care assistant; supervise and evaluate with periodic visits.",
"Monitor and verify hours worked; annual reassessment for continuing eligibility and service authorization.",
"If shared services are used, continue to use the same provider agency where appropriate.",
"Ensure the recipient driving is properly licensed and vehicle is registered and insured per Minnesota law."
],
"removed": [],
"summary": "Outlines duties for the personal care assistance choice option.",
"modified": []
},
"citation": "256B.0659 Subd.19",
"subdivision": "Subd.19"
},
{
"analysis": {
"added": [
"CFSS covered services include ADLs, IADLs, health-related procedures, and tasks through hands-on assistance or supervision.",
"Support to acquire, maintain, or enhance skills for ADLs/IADLs or health-related tasks.",
"Expenditures for environmental modifications, assistive technology, and related items; must relate to CFSS plan and increase independence.",
"Observation/redirection for behavior or symptoms; backup systems; and swimming lessons for certain younger participants; services by consultation providers and FMS providers; CFSS services when provided by a parent/stepparent/legal guardian or spouse of a participant under 18."
],
"removed": [],
"summary": "Community First Services and Supports (CFSS) covered services defined, including shared services.",
"modified": []
},
"citation": "256B.85 Subd.7",
"subdivision": "Subd.7"
},
{
"analysis": {
"added": [
"Commissioner shall authorize shared service arrangements if appropriate to meet participants’ needs and safety; include decision during CFSS authorization and ensure total authorized units are not reduced.",
"Agency-provider must offer participants the option of shared services, one-on-one services, or a combination; participants may withdraw."
],
"removed": [],
"summary": "Shared services under the agency-provider model; authorization framework.",
"modified": []
},
"citation": "256B.85 Subd.7c",
"subdivision": "Subd.7c"
},
{
"analysis": {
"added": [
"Maximum rates for two participants: not exceed 1.5 times the rate for a single participant.",
"Maximum rates for three participants: not exceed 2 times the rate for a single participant.",
"Rates apply only when all shared-service criteria are met."
],
"removed": [],
"summary": "Shared service rates under the agency-provider model.",
"modified": []
},
"citation": "256B.85 Subd.7d",
"subdivision": "Subd.7d"
},
{
"analysis": {
"added": [
"Agency-provider must allocate additional revenue from shared services using specified percentages for wages and related costs.",
"Cannot use additional revenue to fund mileage reimbursements, uniform allowances, health/dental insurance, life or disability insurance, long-term care insurance, or contributions to retirement accounts if not a function of wages."
],
"removed": [],
"summary": "Passthrough for shared services under the agency-provider model.",
"modified": []
},
"citation": "256B.85 Subd.7e",
"subdivision": "Subd.7e"
},
{
"analysis": {
"added": [
"Participant or participant’s representative may elect shared services under the budget model; develop a plan for shared services as part of CFSS plan and CFSS approval process."
],
"removed": [],
"summary": "Shared services under the budget model.",
"modified": []
},
"citation": "256B.85 Subd.7f",
"subdivision": "Subd.7f"
},
{
"analysis": {
"added": [
"Passthrough for budget savings: percentages allocated for wages and related costs; restrictions on using funds for mileage and other non-wage benefits."
],
"removed": [],
"summary": "Passthrough for shared services under the budget model.",
"modified": []
},
"citation": "256B.85 Subd.7g",
"subdivision": "Subd.7g"
},
{
"analysis": {
"added": [
"Definitions related to CFSS in Subdivision 1 that set the scope for CFSS terms."
],
"removed": [],
"summary": "Community First Services and Supports definitions; scope.",
"modified": []
},
"citation": "256B.8502 Subd.1",
"subdivision": "Subd.1"
},
{
"analysis": {
"added": [
"Defines additional revenue for shared services as the difference between the rate for a single participant and the sum of rates for shared services to multiple recipients."
],
"removed": [],
"summary": "Additional revenue for shared services.",
"modified": []
},
"citation": "256B.8502 Subd.2",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [
"Defines budget savings for shared services as the difference between wages and wagerelated costs paid by the participant employer for one-on-one service and the costs for two-to-one and three-to-one shared services (percent-based)."
],
"removed": [],
"summary": "Budget savings for shared services.",
"modified": []
},
"citation": "256B.8502 Subd.3",
"subdivision": "Subd.3"
},
{
"analysis": {
"added": [
"Definition of wages and wagerelated costs including increased wages and related employer contributions when tied to wages."
],
"removed": [],
"summary": "Wages and wagerelated costs.",
"modified": []
},
"citation": "256B.8502 Subd.4",
"subdivision": "Subd.4"
},
{
"analysis": {
"added": [
"Directive to renumber the definitions in Minnesota Statutes section 256B.85 subdivision 2 and in Minnesota Statutes section 256B.851 subdivision 2 into Minnesota Statutes section 256B.8502 and to rearrange cross-references accordingly."
],
"removed": [],
"summary": "Revisor instruction: renumbering definitions between statutes.",
"modified": []
},
"citation": "256B.851 Subd.2",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [
"A reference to licensing for child care programs under chapter 245C used for settings where shared services may occur."
],
"removed": [],
"summary": "Reference to child care programs licensed under Minnesota Statutes chapter 245C.",
"modified": []
},
"citation": "245C",
"subdivision": ""
},
{
"analysis": {
"added": [
"Setting contexts referencing licensed child care programs under chapter 142B."
],
"removed": [],
"summary": "Reference to licensed child care programs under chapter 142B.",
"modified": []
},
"citation": "142B",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to the requirement for labor market data and related documentation under 256B.4912 Subd.1a."
],
"removed": [],
"summary": "Cross-reference to data requirements under CFSS and worker data collection.",
"modified": []
},
"citation": "256B.4912 Subd.1a",
"subdivision": "Subd.1a"
},
{
"analysis": {
"added": [
"CFSS services provided by a family-based management services (FMS) provider as defined under subdivision 13a."
],
"removed": [],
"summary": "Definition of FMS provider under CFSS context.",
"modified": []
},
"citation": "256B.85 Subd.13a",
"subdivision": "Subd.13a"
},
{
"analysis": {
"added": [
"Keeps reference to 256B.85 Subd.2 as part of the renumbering process described in Sec. 12."
],
"removed": [],
"summary": "Cross-reference retained for renumbering in the revisor instruction.",
"modified": []
},
"citation": "256B.85 Subd.2",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [
"Keeps reference to 256B.851 Subd.2 as part of the renumbering process described in Sec. 12."
],
"removed": [],
"summary": "Cross-reference retained for renumbering in the revisor instruction.",
"modified": []
},
"citation": "256B.851 Subd.2",
"subdivision": "Subd.2"
}
]Progress through the legislative process
In Committee