1.1Senator Abeler moved to amend H.F. No. 2434, as amended pursuant to Rule 45,
1.2adopted by the Senate May 6, 2025, as follows:
1.3(The text of the amended House File is identical to S.F. No. 3054.)
1.4Page 38, delete section 6 and insert:

1.5    "Sec. 6. [245A.142] EARLY INTENSIVE DEVELOPMENTAL AND BEHAVIORAL
1.6INTERVENTION PROVISIONAL LICENSURE.
1.7    Subdivision 1. Definitions. The definitions in section 252B.0949, subdivision 2, apply
1.8to this section.
1.9    Subd. 2. Regulatory powers. The commissioner shall regulate early intensive
1.10developmental and behavioral intervention (EIDBI) agencies pursuant to this section.
1.11    Subd. 3. Provisional license. (a) Beginning on January 1, 2026, the commissioner shall
1.12begin issuing provisional licenses to agencies enrolled under chapter 256B to provide EIDBI
1.13services.
1.14(b) Agencies enrolled prior to July 1, 2025, have until March 31, 2026, to submit an
1.15application for provisional licensure on the forms and in the manner prescribed by the
1.16commissioner.
1.17(c) Beginning April 1, 2026, an agency must not operate if it has not submitted an
1.18application for provisional licensure under this section. The commissioner shall disenroll
1.19an agency from providing EIDBI services under chapter 256B if the agency fails to submit
1.20an application for provisional licensure by March 31, 2026, or a complete application by
1.21July 1, 2026.
1.22(d) The commissioner must determine whether a provisional license applicant complies
1.23with all applicable rules and laws and either issue a provisional license to the applicant or
1.24deny the application by December 31, 2026.
1.25(e) A provisional license is effective until comprehensive EIDBI agency licensure
1.26standards are in effect unless the provisional license is revoked.
1.27(f) Beginning January 1, 2027, an agency providing EIDBI services must not operate in
1.28Minnesota unless provisionally licensed under this section.
1.29    Subd. 4. Provisional license regulatory functions. The commissioner may:
1.30(1) enter the physical premises of an agency without advance notice in accordance with
1.31section 245A.04, subdivision 5;
2.1(2) investigate reports of maltreatment;
2.2(3) investigate complaints against agencies;
2.3(4) take action on a license pursuant to sections 245A.06 and 245A.07;
2.4(5) deny an application for provisional licensure pursuant to section 245A.05; and
2.5(6) take other action reasonably required to accomplish the purposes of this section.
2.6    Subd. 5. Provisional license requirements. A provisional license holder must:
2.7(1) identify all controlling individuals, as defined in section 245A.02, subdivision 5a,
2.8of the agency;
2.9(2) provide documented disclosures surrounding the use of billing agencies or other
2.10consultants, available to the department upon request;
2.11(3) establish provider policies and procedures related to staff training, staff qualifications,
2.12quality assurance, and service activities;
2.13(4) document contracts with independent contractors for qualified supervising
2.14professionals, including the number of hours contracted and responsibilities, available to
2.15the department upon request; and
2.16(5) comply with section 256B.0949, including exceptions to qualifications, standards,
2.17and requirements granted by the commissioner under section 256B.0949, subdivision 17.
2.18    Subd. 6. Reconsideration requests and appeals. An applicant or provisional license
2.19holder has reconsideration and appeal rights under sections 245A.05, 245A.06, and 245A.07.
2.20    Subd. 7. Disenrollment. The commissioner shall disenroll an agency from providing
2.21EIDBI services under chapter 256B if:
2.22(1) the agency's application has been suspended or denied under subdivision 2 or the
2.23agency's provisional license has been revoked; and
2.24(2) if the agency appealed the application suspension or denial or the provisional license
2.25revocation, the commissioner has issued a final order on the appeal.
2.26EFFECTIVE DATE.This section is effective July 1, 2025."
2.27Page 40, delete section 7 and insert:

2.28    "Sec. 7. Minnesota Statutes 2024, section 245C.16, subdivision 1, is amended to read:
2.29    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner determines
2.30that the individual studied has a disqualifying characteristic, the commissioner shall review
3.1the information immediately available and make a determination as to the subject's immediate
3.2risk of harm to persons served by the program where the individual studied will have direct
3.3contact with, or access to, people receiving services.
3.4    (b) The commissioner shall consider all relevant information available, including the
3.5following factors in determining the immediate risk of harm:
3.6    (1) the recency of the disqualifying characteristic;
3.7    (2) the recency of discharge from probation for the crimes;
3.8    (3) the number of disqualifying characteristics;
3.9    (4) the intrusiveness or violence of the disqualifying characteristic;
3.10    (5) the vulnerability of the victim involved in the disqualifying characteristic;
3.11    (6) the similarity of the victim to the persons served by the program where the individual
3.12studied will have direct contact;
3.13    (7) whether the individual has a disqualification from a previous background study that
3.14has not been set aside;
3.15    (8) if the individual has a disqualification which may not be set aside because it is a
3.16permanent bar under section 245C.24, subdivision 1, or the individual is a child care
3.17background study subject who has a felony-level conviction for a drug-related offense in
3.18the last five years, the commissioner may order the immediate removal of the individual
3.19from any position allowing direct contact with, or access to, persons receiving services from
3.20the program and from working in a children's residential facility or foster residence setting;
3.21and
3.22(9) if the individual has a disqualification which may not be set aside because it is a
3.23permanent bar under section 245C.24, subdivision 2, or the individual is a child care
3.24background study subject who has a felony-level conviction for a drug-related offense during
3.25the last five years, the commissioner may order the immediate removal of the individual
3.26from any position allowing direct contact with or access to persons receiving services from
3.27the center and from working in a licensed child care center or certified license-exempt child
3.28care center.
3.29    (c) This section does not apply when the subject of a background study is regulated by
3.30a health-related licensing board as defined in chapter 214, and the subject is determined to
3.31be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
4.1    (d) This section does not apply to a background study related to an initial application
4.2for a child foster family setting license.
4.3(e) Except for paragraph (f), this section does not apply to a background study that is
4.4also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
4.5personal care assistant or a qualified professional as defined in section 256B.0659,
4.6subdivision 1, or to a background study for an individual providing early intensive
4.7developmental and behavioral intervention services under section 256B.0949.
4.8    (f) If the commissioner has reason to believe, based on arrest information or an active
4.9maltreatment investigation, that an individual poses an imminent risk of harm to persons
4.10receiving services, the commissioner may order that the person be continuously supervised
4.11or immediately removed pending the conclusion of the maltreatment investigation or criminal
4.12proceedings.
4.13EFFECTIVE DATE.This section is effective January 1, 2026."
4.14Page 50, delete section 14 and insert:

4.15    "Sec. 14. Minnesota Statutes 2024, section 256B.04, subdivision 21, is amended to read:
4.16    Subd. 21. Provider enrollment. (a) The commissioner shall enroll providers and conduct
4.17screening activities as required by Code of Federal Regulations, title 42, section 455, subpart
4.18E. A provider must enroll each provider-controlled location where direct services are
4.19provided. The commissioner may deny a provider's incomplete application if a provider
4.20fails to respond to the commissioner's request for additional information within 60 days of
4.21the request. The commissioner must conduct a background study under chapter 245C,
4.22including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses
4.23(1) to (5), for a provider described in this paragraph. The background study requirement
4.24may be satisfied if the commissioner conducted a fingerprint-based background study on
4.25the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph
4.26(a), clauses (1) to (5).
4.27(b) The commissioner shall revalidate each:
4.28(1) each provider under this subdivision at least once every five years; and
4.29(2) each personal care assistance agency, CFSS provider-agency, and CFSS financial
4.30management services provider under this subdivision at least once every three years.;
4.31(3) each EIDBI agency under the subdivision at least once every three years; and
5.1(4) at the commissioner's discretion, any medical-assistance-only provider type the
5.2commissioner deems "high risk" under this subdivision.
5.3(c) The commissioner shall conduct revalidation as follows:
5.4(1) provide 30-day notice of the revalidation due date including instructions for
5.5revalidation and a list of materials the provider must submit;
5.6(2) if a provider fails to submit all required materials by the due date, notify the provider
5.7of the deficiency within 30 days after the due date and allow the provider an additional 30
5.8days from the notification date to comply; and
5.9(3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day
5.10notice of termination and immediately suspend the provider's ability to bill. The provider
5.11does not have the right to appeal suspension of ability to bill.
5.12(d) If a provider fails to comply with any individual provider requirement or condition
5.13of participation, the commissioner may suspend the provider's ability to bill until the provider
5.14comes into compliance. The commissioner's decision to suspend the provider is not subject
5.15to an administrative appeal.
5.16(e) Correspondence and notifications, including notifications of termination and other
5.17actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph
5.18does not apply to correspondences and notifications related to background studies.
5.19(f) If the commissioner or the Centers for Medicare and Medicaid Services determines
5.20that a provider is designated "high-risk," the commissioner may withhold payment from
5.21providers within that category upon initial enrollment for a 90-day period. The withholding
5.22for each provider must begin on the date of the first submission of a claim.
5.23(g) An enrolled provider that is also licensed by the commissioner under chapter 245A,
5.24is licensed as a home care provider by the Department of Health under chapter 144A, or is
5.25licensed as an assisted living facility under chapter 144G and has a home and
5.26community-based services designation on the home care license under section 144A.484,
5.27must designate an individual as the entity's compliance officer. The compliance officer
5.28must:
5.29(1) develop policies and procedures to assure adherence to medical assistance laws and
5.30regulations and to prevent inappropriate claims submissions;
5.31(2) train the employees of the provider entity, and any agents or subcontractors of the
5.32provider entity including billers, on the policies and procedures under clause (1);
6.1(3) respond to allegations of improper conduct related to the provision or billing of
6.2medical assistance services, and implement action to remediate any resulting problems;
6.3(4) use evaluation techniques to monitor compliance with medical assistance laws and
6.4regulations;
6.5(5) promptly report to the commissioner any identified violations of medical assistance
6.6laws or regulations; and
6.7    (6) within 60 days of discovery by the provider of a medical assistance reimbursement
6.8overpayment, report the overpayment to the commissioner and make arrangements with
6.9the commissioner for the commissioner's recovery of the overpayment.
6.10The commissioner may require, as a condition of enrollment in medical assistance, that a
6.11provider within a particular industry sector or category establish a compliance program that
6.12contains the core elements established by the Centers for Medicare and Medicaid Services.
6.13(h) The commissioner may revoke the enrollment of an ordering or rendering provider
6.14for a period of not more than one year, if the provider fails to maintain and, upon request
6.15from the commissioner, provide access to documentation relating to written orders or requests
6.16for payment for durable medical equipment, certifications for home health services, or
6.17referrals for other items or services written or ordered by such provider, when the
6.18commissioner has identified a pattern of a lack of documentation. A pattern means a failure
6.19to maintain documentation or provide access to documentation on more than one occasion.
6.20Nothing in this paragraph limits the authority of the commissioner to sanction a provider
6.21under the provisions of section 256B.064.
6.22(i) The commissioner shall terminate or deny the enrollment of any individual or entity
6.23if the individual or entity has been terminated from participation in Medicare or under the
6.24Medicaid program or Children's Health Insurance Program of any other state. The
6.25commissioner may exempt a rehabilitation agency from termination or denial that would
6.26otherwise be required under this paragraph, if the agency:
6.27(1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
6.28to the Medicare program;
6.29(2) meets all other applicable Medicare certification requirements based on an on-site
6.30review completed by the commissioner of health; and
6.31(3) serves primarily a pediatric population.
6.32(j) As a condition of enrollment in medical assistance, the commissioner shall require
6.33that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
7.1Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
7.2Services, its agents, or its designated contractors and the state agency, its agents, or its
7.3designated contractors to conduct unannounced on-site inspections of any provider location.
7.4The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
7.5list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
7.6and standards used to designate Medicare providers in Code of Federal Regulations, title
7.742, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
7.8The commissioner's designations are not subject to administrative appeal.
7.9(k) As a condition of enrollment in medical assistance, the commissioner shall require
7.10that a high-risk provider, or a person with a direct or indirect ownership interest in the
7.11provider of five percent or higher, consent to criminal background checks, including
7.12fingerprinting, when required to do so under state law or by a determination by the
7.13commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
7.14high-risk for fraud, waste, or abuse.
7.15(l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
7.16medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
7.17meeting the durable medical equipment provider and supplier definition in clause (3),
7.18operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
7.19annually renewed and designates the Minnesota Department of Human Services as the
7.20obligee, and must be submitted in a form approved by the commissioner. For purposes of
7.21this clause, the following medical suppliers are not required to obtain a surety bond: a
7.22federally qualified health center, a home health agency, the Indian Health Service, a
7.23pharmacy, and a rural health clinic.
7.24(2) At the time of initial enrollment or reenrollment, durable medical equipment providers
7.25and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
7.26provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
7.27the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
7.28Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
7.29purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
7.30fees in pursuing a claim on the bond.
7.31(3) "Durable medical equipment provider or supplier" means a medical supplier that can
7.32purchase medical equipment or supplies for sale or rental to the general public and is able
7.33to perform or arrange for necessary repairs to and maintenance of equipment offered for
7.34sale or rental.
8.1(m) The Department of Human Services may require a provider to purchase a surety
8.2bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
8.3if: (1) the provider fails to demonstrate financial viability, (2) the department determines
8.4there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
8.5provider or category of providers is designated high-risk pursuant to paragraph (f) and as
8.6per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
8.7amount of $100,000 or ten percent of the provider's payments from Medicaid during the
8.8immediately preceding 12 months, whichever is greater. The surety bond must name the
8.9Department of Human Services as an obligee and must allow for recovery of costs and fees
8.10in pursuing a claim on the bond. This paragraph does not apply if the provider currently
8.11maintains a surety bond under the requirements in section 256B.0659 or 256B.85.
8.12EFFECTIVE DATE.This section is effective July 1, 2025."
8.13Page 63, delete section 26 and insert:

8.14    "Sec. 26. Minnesota Statutes 2024, section 256B.0949, subdivision 2, is amended to read:
8.15    Subd. 2. Definitions. (a) The terms used in this section have the meanings given in this
8.16subdivision.
8.17(b) "Advanced certification" means a person who has completed advanced certification
8.18in an approved modality under subdivision 13, paragraph (b).
8.19(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs
8.20as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
8.21EIDBI services and that has the legal responsibility to ensure that its employees or contractors
8.22carry out the responsibilities defined in this section. Agency includes a licensed individual
8.23professional who practices independently and acts as an agency.
8.24(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
8.25means either autism spectrum disorder (ASD) as defined in the current version of the
8.26Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
8.27to be closely related to ASD, as identified under the current version of the DSM, and meets
8.28all of the following criteria:
8.29(1) is severe and chronic;
8.30(2) results in impairment of adaptive behavior and function similar to that of a person
8.31with ASD;
8.32(3) requires treatment or services similar to those required for a person with ASD; and
9.1(4) results in substantial functional limitations in three core developmental deficits of
9.2ASD: social or interpersonal interaction; functional communication, including nonverbal
9.3or social communication; and restrictive or repetitive behaviors or hyperreactivity or
9.4hyporeactivity to sensory input; and may include deficits or a high level of support in one
9.5or more of the following domains:
9.6(i) behavioral challenges and self-regulation;
9.7(ii) cognition;
9.8(iii) learning and play;
9.9(iv) self-care; or
9.10(v) safety.
9.11(e) "Person" means a person under 21 years of age.
9.12(f) "Clinical supervision" means the overall responsibility for the control and direction
9.13of EIDBI service delivery, including individual treatment planning, staff supervision,
9.14individual treatment plan progress monitoring, and treatment review for each person. Clinical
9.15supervision is provided by a qualified supervising professional (QSP) who takes full
9.16professional responsibility for the service provided by each supervisee and the clinical
9.17effectiveness of all interventions.
9.18(g) "Commissioner" means the commissioner of human services, unless otherwise
9.19specified.
9.20(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
9.21evaluation of a person to determine medical necessity for EIDBI services based on the
9.22requirements in subdivision 5.
9.23(i) "Department" means the Department of Human Services, unless otherwise specified.
9.24(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
9.25benefit" means a variety of individualized, intensive treatment modalities approved and
9.26published by the commissioner that are based in behavioral and developmental science
9.27consistent with best practices on effectiveness.
9.28(k) "Employee" means any person who is employed by an agency, including temporary
9.29and part-time employees, and who performs work for at least 80 hours in a year for that
9.30agency in Minnesota. Employee does not include an independent contractor.
9.31(k) (l) "Generalizable goals" means results or gains that are observed during a variety
9.32of activities over time with different people, such as providers, family members, other adults,
10.1and people, and in different environments including, but not limited to, clinics, homes,
10.2schools, and the community.
10.3(l) (m) "Incident" means when any of the following occur:
10.4(1) an illness, accident, or injury that requires first aid treatment;
10.5(2) a bump or blow to the head; or
10.6(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
10.7including a person leaving the agency unattended.
10.8(m) (n) "Individual treatment plan" or "ITP" means the person-centered, individualized
10.9written plan of care that integrates and coordinates person and family information from the
10.10CMDE for a person who meets medical necessity for the EIDBI benefit. An individual
10.11treatment plan must meet the standards in subdivision 6.
10.12(n) (o) "Legal representative" means the parent of a child who is under 18 years of age,
10.13a court-appointed guardian, or other representative with legal authority to make decisions
10.14about service for a person. For the purpose of this subdivision, "other representative with
10.15legal authority to make decisions" includes a health care agent or an attorney-in-fact
10.16authorized through a health care directive or power of attorney.
10.17(o) (p) "Mental health professional" means a staff person who is qualified according to
10.18section 245I.04, subdivision 2.
10.19(p) (q) "Person-centered" means a service that both responds to the identified needs,
10.20interests, values, preferences, and desired outcomes of the person or the person's legal
10.21representative and respects the person's history, dignity, and cultural background and allows
10.22inclusion and participation in the person's community.
10.23(q) (r) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II,
10.24or level III treatment provider.
10.25EFFECTIVE DATE.This section is effective the day following final enactment.

10.26    Sec. 27. Minnesota Statutes 2024, section 256B.0949, subdivision 13, is amended to read:
10.27    Subd. 13. Covered services. (a) The services described in paragraphs (b) to (l) are
10.28eligible for reimbursement by medical assistance under this section. Services must be
10.29provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must
10.30address the person's medically necessary treatment goals and must be targeted to develop,
10.31enhance, or maintain the individual developmental skills of a person with ASD or a related
10.32condition to improve functional communication, including nonverbal or social
11.1communication, social or interpersonal interaction, restrictive or repetitive behaviors,
11.2hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation,
11.3cognition, learning and play, self-care, and safety.
11.4(b) EIDBI treatment must be delivered consistent with the standards of an approved
11.5modality, as published by the commissioner. EIDBI modalities include:
11.6(1) applied behavior analysis (ABA);
11.7(2) developmental individual-difference relationship-based model (DIR/Floortime);
11.8(3) early start Denver model (ESDM); or
11.9(4) PLAY project;
11.10(5) (4) relationship development intervention (RDI); or.
11.11(6) additional modalities not listed in clauses (1) to (5) upon approval by the
11.12commissioner.
11.13    (c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b),
11.14clauses (1) to (5) (4), as the primary modality for treatment as a covered service, or several
11.15EIDBI modalities in combination as the primary modality of treatment, as approved by the
11.16commissioner. An EIDBI provider that identifies and provides assurance of qualifications
11.17for a single specific treatment modality, including an EIDBI provider with advanced
11.18certification overseeing implementation, must document the required qualifications to meet
11.19fidelity to the specific model in a manner determined by the commissioner.
11.20(d) Each qualified EIDBI provider must identify and provide assurance of qualifications
11.21for professional licensure certification, or training in evidence-based treatment methods,
11.22and must document the required qualifications outlined in subdivision 15 in a manner
11.23determined by the commissioner.
11.24    (e) CMDE is a comprehensive evaluation of the person's developmental status to
11.25determine medical necessity for EIDBI services and meets the requirements of subdivision
11.265. The services must be provided by a qualified CMDE provider.
11.27(f) EIDBI intervention observation and direction is the clinical direction and oversight
11.28of EIDBI services by the QSP, level I treatment provider, or level II treatment provider,
11.29including developmental and behavioral techniques, progress measurement, data collection,
11.30function of behaviors, and generalization of acquired skills for the direct benefit of a person.
11.31EIDBI intervention observation and direction informs any modification of the current
11.32treatment protocol to support the outcomes outlined in the ITP.
12.1(g) Intervention is medically necessary direct treatment provided to a person with ASD
12.2or a related condition as outlined in their ITP. All intervention services must be provided
12.3under the direction of a QSP. Intervention may take place across multiple settings. The
12.4frequency and intensity of intervention services are provided based on the number of
12.5treatment goals, person and family or caregiver preferences, and other factors. Intervention
12.6services may be provided individually or in a group. Intervention with a higher provider
12.7ratio may occur when deemed medically necessary through the person's ITP.
12.8(1) Individual intervention is treatment by protocol administered by a single qualified
12.9EIDBI provider delivered to one person.
12.10(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI
12.11providers, delivered to at least two people who receive EIDBI services.
12.12(3) Higher provider ratio intervention is treatment with protocol modification provided
12.13by two or more qualified EIDBI providers delivered to one person in an environment that
12.14meets the person's needs and under the direction of the QSP or level I provider.
12.15(h) ITP development and ITP progress monitoring is development of the initial, annual,
12.16and progress monitoring of an ITP. ITP development and ITP progress monitoring documents
12.17provide oversight and ongoing evaluation of a person's treatment and progress on targeted
12.18goals and objectives and integrate and coordinate the person's and the person's legal
12.19representative's information from the CMDE and ITP progress monitoring. This service
12.20must be reviewed and completed by the QSP, and may include input from a level I provider
12.21or a level II provider.
12.22(i) Family caregiver training and counseling is specialized training and education for a
12.23family or primary caregiver to understand the person's developmental status and help with
12.24the person's needs and development. This service must be provided by the QSP, level I
12.25provider, or level II provider.
12.26(j) A coordinated care conference is a voluntary meeting with the person and the person's
12.27family to review the CMDE or ITP progress monitoring and to integrate and coordinate
12.28services across providers and service-delivery systems to develop the ITP. This service may
12.29include the CMDE provider, QSP, a level I provider, or a level II provider.
12.30(k) Travel time is allowable billing for traveling to and from the person's home, school,
12.31a community setting, or place of service outside of an EIDBI center, clinic, or office from
12.32a specified location to provide in-person EIDBI intervention, observation and direction, or
12.33family caregiver training and counseling. The person's ITP must specify the reasons the
12.34provider must travel to the person.
13.1(l) Medical assistance covers medically necessary EIDBI services and consultations
13.2delivered via telehealth, as defined under section 256B.0625, subdivision 3b, in the same
13.3manner as if the service or consultation was delivered in person.
13.4EFFECTIVE DATE.This section is effective July 1, 2025."
13.5Page 68, delete section 28 and insert:

13.6    "Sec. 29. Minnesota Statutes 2024, section 256B.0949, subdivision 16, is amended to
13.7read:
13.8    Subd. 16. Agency duties. (a) An agency delivering an EIDBI service under this section
13.9must:
13.10(1) enroll as a medical assistance Minnesota health care program provider according to
13.11Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
13.12applicable provider standards and requirements;
13.13(2) designate an individual as the agency's compliance officer who must preform the
13.14duties described in section 256B.04, paragraph (g);
13.15(3) demonstrate compliance with federal and state laws for the delivery of and billing
13.16for EIDBI service;
13.17(3) (4) verify and maintain records of a service provided to the person or the person's
13.18legal representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
13.19(4) (5) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
13.20program provider the agency did not have a lead agency contract or provider agreement
13.21discontinued because of a conviction of fraud; or did not have an owner, board member, or
13.22manager fail a state or federal criminal background check or appear on the list of excluded
13.23individuals or entities maintained by the federal Department of Human Services Office of
13.24Inspector General;
13.25(5) (6) have established business practices including written policies and procedures,
13.26internal controls, and a system that demonstrates the organization's ability to deliver quality
13.27EIDBI services, appropriately submit claims, conduct required staff training, document staff
13.28qualifications, document service activities, and document service quality;
13.29(6) (7) have an office located in Minnesota or a border state;
13.30(7) conduct a criminal background check on an individual who has direct contact with
13.31the person or the person's legal representative (8) initiate a background study as required
13.32under subdivision 16a;
14.1(8) (9) report maltreatment according to section 626.557 and chapter 260E;
14.2(9) (10) comply with any data requests consistent with the Minnesota Government Data
14.3Practices Act, sections 256B.064 and 256B.27;
14.4(10) (11) provide training for all agency staff on the requirements and responsibilities
14.5listed in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection
14.6Act, section 626.557, including mandated and voluntary reporting, nonretaliation, and the
14.7agency's policy for all staff on how to report suspected abuse and neglect;
14.8(11) (12) have a written policy to resolve issues collaboratively with the person and the
14.9person's legal representative when possible. The policy must include a timeline for when
14.10the person and the person's legal representative will be notified about issues that arise in
14.11the provision of services;
14.12(12) (13) provide the person's legal representative with prompt notification if the person
14.13is injured while being served by the agency. An incident report must be completed by the
14.14agency staff member in charge of the person. A copy of all incident and injury reports must
14.15remain on file at the agency for at least five years from the report of the incident; and
14.16(13) (14) before starting a service, provide the person or the person's legal representative
14.17a description of the treatment modality that the person shall receive, including the staffing
14.18certification levels and training of the staff who shall provide a treatment.;
14.19(15) provide clinical supervision for a minimum of one hour for every 20 hours of direct
14.20treatment per person; and
14.21(16) provide clinical supervision sessions at least once per month for EIDBI intervention
14.22observation and direction. Notwithstanding subdivision 13, paragraph (l), clinical supervision
14.23sessions under this clause may be conducted via telehealth provided:
14.24(i) the telehealth clinical supervision session is conducted in tandum with a level I or
14.25level II provider who is in-person and not billing for any EIDBI services; and
14.26(ii) no more than two consecutive monthly clinical supervision sessions under this clause
14.27are conducted via telehealth.
14.28(b) Upon request of the commissioner, an agency delivering services under this section
14.29must:
14.30(1) identify the agency's controlling individuals, as defined under section 245A.02,
14.31subdivision 5a;
14.32(2) provide disclosures of the use of billing agencies and other consultants; and
15.1(3) provide copies of any contracts with independent contractors for qualified supervising
15.2professionals, including hours contracted and responsibilities.
15.3(b) (c) When delivering the ITP, and annually thereafter, an agency must provide the
15.4person or the person's legal representative with:
15.5(1) a written copy and a verbal explanation of the person's or person's legal
15.6representative's rights and the agency's responsibilities;
15.7(2) documentation in the person's file the date that the person or the person's legal
15.8representative received a copy and explanation of the person's or person's legal
15.9representative's rights and the agency's responsibilities; and
15.10(3) reasonable accommodations to provide the information in another format or language
15.11as needed to facilitate understanding of the person's or person's legal representative's rights
15.12and the agency's responsibilities.
15.13EFFECTIVE DATE.This section is effective July 1, 2025."
15.14Page 70, delete sections 29 and 30 and insert:

15.15    "Sec. 30. Minnesota Statutes 2024, section 256B.0949, subdivision 16a, is amended to
15.16read:
15.17    Subd. 16a. Background studies. An early intensive developmental and behavioral
15.18intervention services agency must fulfill any background studies requirements under this
15.19section by initiating a background study through the commissioner's NETStudy 2.0 system
15.20as provided under sections 245C.03, subdivision 15, and 245C.10, subdivision 17. Before
15.21an individual subject to the background study requirements under this subdivision has direct
15.22contact with the person, the agency must have received a notice from the commissioner that
15.23the subject of the background study is:
15.24(1) not disqualified under section 245C.14; or
15.25(2) disqualified but the subject of the study has received a set-aside of the disqualification
15.26under section 245C.22.
15.27EFFECTIVE DATE.This section is effective January 1, 2026.

15.28    Sec. 31. Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
15.29to read:
15.30    Subd. 18. Site visits and sanctions. (a) The commissioner may conduct unannounced
15.31on-site inspections of any and all EIDBI agencies and service locations to verify that
16.1information submitted to the commissioner is accurate and to determine compliance with
16.2all enrollment requirements, to investigate reports of maltreatment; to determine compliance
16.3with service delivery and billing requirements; and to determine compliance with any other
16.4applicable laws or rules.
16.5(b) The commissioner may withhold payment from an agency or suspend or terminate
16.6the agency's enrollment number if the agency fails to provide access to the agency's service
16.7locations or records or the commissioner determines the agency has failed to comply fully
16.8with applicable laws or rules. The provider has the right to appeal the decision of the
16.9commissioner under section 256B.064.
16.10EFFECTIVE DATE.This section is effective July 1, 2025."
16.11Page 115, delete section 65 and insert:

16.12    "Sec. 66. Minnesota Statutes 2024, section 626.5572, subdivision 13, is amended to read:
16.13    Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary
16.14administrative agency responsible for investigating reports made under section 626.557.
16.15(a) The Department of Health is the lead investigative agency for facilities or services
16.16licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
16.17care homes, hospice providers, residential facilities that are also federally certified as
16.18intermediate care facilities that serve people with developmental disabilities, or any other
16.19facility or service not listed in this subdivision that is licensed or required to be licensed by
16.20the Department of Health for the care of vulnerable adults. "Home care provider" has the
16.21meaning provided in section 144A.43, subdivision 4, and applies when care or services are
16.22delivered in the vulnerable adult's home.
16.23(b) The Department of Human Services is the lead investigative agency for facilities or
16.24services licensed or required to be licensed as adult day care, adult foster care, community
16.25residential settings, programs for people with disabilities, EIDBI agencies, family adult day
16.26services, mental health programs, mental health clinics, substance use disorder programs,
16.27the Minnesota Sex Offender Program, or any other facility or service not listed in this
16.28subdivision that is licensed or required to be licensed by the Department of Human Services.
16.29The Department of Human Services is also the lead investigative agency for unlicensed
16.30EIDBI agencies under section 256B.0949.
16.31(c) The county social service agency or its designee is the lead investigative agency for
16.32all other reports, including, but not limited to, reports involving vulnerable adults receiving
16.33services from a personal care provider organization under section 256B.0659.
17.1EFFECTIVE DATE.This section is effective July 1, 2025."
17.2Page 124, after line 30, insert:

17.3    "Sec. 80. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
17.4DEVELOPMENT OF COMPREHENSIVE EIDBI LICENSE.
17.5(a) By October 1, 2025, the commissioner of human services must convene a working
17.6group consisting of staff from the Department of Human Services with policy and clinical
17.7expertise related to EIDBI services, and with expertise in licensing standards for other
17.8licensed programs and settings, particularly other programs serving children; staff from the
17.9Department of Children, Youth, and Families with expertise in the licensing standards for
17.10home child care and child care centers; the Early Intensive Developmental and Behavioral
17.11Advisory Council; families of individuals receiving EIDBI services; advocates for individuals
17.12receiving EIDBI services; and other community partners and interested parties.
17.13(b) The working group must advise the commissioner as the commissioner develops
17.14comprehensive EIDBI licensing standards and a plan to transition EIDBI agencies from the
17.15provisional license established under Minnesota Statutes, section 245A.142, to a newly
17.16established comprehensive EIDBI license. The working group must provide the commissioner
17.17with advice on at least the following topics:
17.18(1) basic health and safety standards;
17.19(2) basic physical plant standards;
17.20(3) medication management and other ancillary services that might be provided by EIDBI
17.21providers;
17.22(4) privacy and the use of cameras in settings where EIDBI services are being provided;
17.23(5) third-party billing procedures and requirements;
17.24(6) billing standards and policies regarding duplicative, simultaneous, and mid-point
17.25billing practices;
17.26(7) measures of clinical effectiveness; and
17.27(8) appropriate restrictions on the commissioner's authority under Minnesota Statutes,
17.28section 256B.0949, subdivision 17, to issue exceptions to EIDBI provider qualifications,
17.29medical assistance provider enrollment requirements, and EIDBI provider or agency standards
17.30or requirements.
18.1(c) By January 1, 2027, the commissioner must propose standards for a nonprovisional,
18.2comprehensive EIDBI license or licenses, and submit proposed draft legislation to the chairs
18.3and ranking minority members of the legislative committees with jurisdiction over EIDBI
18.4services.

18.5    Sec. 81. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
18.6TEMPORARY MORATORIUM ON ENROLLMENT OF NEW EIDBI PROVIDERS.
18.7Upon federal approval and subject to continued federal approval, beginning July 1, 2025,
18.8the commissioner must not enroll new EIDBI agencies to provide EIDBI services under
18.9Minnesota Statutes, chapter 256B, unless the agency is licensed as an EIDBI agency under
18.10Minnesota Statutes, chapter 245A, but may enroll new locations where EIDBI services are
18.11provided by an agency that was enrolled prior to July 1, 2025.
18.12EFFECTIVE DATE.This section is effective July 1, 2025."
18.13Page 125, delete section 79 and insert:

18.14    "Sec. 82. REPEALER.
18.15    Subdivision 1. Obsolete home and community-based services licensing
18.16provisions. Minnesota Statutes 2024, section 245A.042, subdivisions 2, 3, and 4, are
18.17repealed.
18.18    Subd. 2. Direct care provider premiums. Laws 2023, chapter 59, article 3, section 11,
18.19is repealed.
18.20    Subd. 3. Legislative Task Force on Guardianship. Laws 2024, chapter 127, article
18.2146, section 39, is repealed.
18.22    Subd. 4. Revision of treatment modalities. Minnesota Statutes 2024, section 256B.0949,
18.23subdivision 9, is repealed.
18.24EFFECTIVE DATE.This section is effective July 1, 2025."
18.25Renumber the sections in sequence and correct the internal references
18.26Amend the title accordingly
18.27The motion prevailed. #did not prevail. So the amendment was #not adopted.